Journal of Law and Legal Reform
Vol 1 No 4 (2020): Globalization and Legal Reform: Recent Developments

Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law

Ariyad, Fikri (Unknown)
Masyhar, Ali (Unknown)



Article Info

Publish Date
31 Jul 2020

Abstract

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

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Journal Info

Abbrev

jllr

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law and Legal Reform is a double blind peer-reviewed journal, published by Postgraduate Program (Master of Laws Program) Faculty of Law Universitas Negeri Semarang (ISSN Print 2715-0941, ISSN Online 2715-0968). The Journal exclusively published in English both printed and online version, ...