Perlindungan hukum terhadap korban perkosaan untuk mendapatkan bantuan tindakan aborsi berdasar UU kesehatan

Budiman, Feline (2023) Perlindungan hukum terhadap korban perkosaan untuk mendapatkan bantuan tindakan aborsi berdasar UU kesehatan. Masters thesis, Universitas Pelita Harapan.

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Abstract

This research aims to investigate and analyze the implementation of assistance for rape victims who need assistance with abortion procedures. The main question studied is how the implementation of this assistance can be implemented effectively and fairly in providing support to rape victims who choose abortion as a recovery option. Apart from that, this research also examines the form of implementation of legal protection for rape victims who undergo abortions, with a focus on the legal framework that supports their rights and security. By analyzing practical implementation and legal protection, this research aims to provide a deeper understanding of the challenges and potential solutions in handling cases of rape victims who need assistance with abortion, as well as ensuring that their rights in the legal system by means of normative research where research is carried out through secondary data collection and analysis. This research is normative juridical research with qualitative research methods. Through this research, it can be concluded that Indonesia has a legal umbrella for abortion which is included in the Criminal Code, Health Law and Government Regulations. According to the Criminal Code, abortion is prohibited without exception, however, article 60, 61, and 62 of the Health Law and article 31 of the Government Regulation provide space for rape victims to obtain abortion assistance as a form of legal protection. However, even though these regulations exist, there is no legal protection for rape victims who wish to have an abortion because the implementation of the regulations is not yet appropriate. It is recommended for law enforcers to better understand regulatory norms in the health sector so that when using the legal umbrella they also pay attention to the principle of lex specialis derogat legi generali and it is hoped that the implementation of regulations will also pay more attention.

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