Wibowo, Savina
(2018)
Analisa hukum tentang aborsi berdasarkan hukum di Indonesia = Legal analysis on abortion under Indonesian law.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
This thesis examines the legal analysis of abortion in accordance with applicable laws in Indonesia. Abortion until now is still considered an inappropriate thing to do because of various reasons such as norms, religion, morality and from the legal side. This led to reports of abortion actions being inaccurate, because many parties did not dare to report. The formulation of the problem in this paper is the laws of contradictory abortion, namely the Criminal Code (KUHP) with the Law of the Republic of Indonesia Number 36 of 2009 concerning Health (Law No. 36 of 2009). The Criminal Code prohibits abortion and describes in the articles the different penalties for the parties involved in the abortion process. This was found from Articles 346 to 348 of the Criminal Code. However, in Law No. 36 of 2009 there are exceptions to abortion written in Article 72 Paragraph 2, namely if the pregnancy threatens the lives of pregnant women and / or their babies in the womb and if the pregnancy occurs due to rape. Because of these differences, it is feared that it will cause legal inconsistencies in the eyes of the public. The formulation of the second problem is the standard for conditions that endanger the safety of the mother herself. If the standard as stipulated in Minister of Health Regulation Number 3 of 2016 concerning Training and Implementation of Abortion Services for Medical Emergency Indications and Rape-Based Pregnancy is not yet strong and clear, it is feared that misuse of abortion will occur by irresponsible parties.
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