Health is the main necessities of human beings, both physically and critically. Humans will do anything they can to meet their health necessities. One of the problems in health that still raises the pros and cons is about abortion. The high contributor to unsafe abortion rates is one of those undertaken by women with unwanted pregnancies, such as rape victims. In this study, the author used normative legal research by analyzing secondary data and reinforced by primary data, and analysis in this study is qualitative analysis with this refers to legal principles, legal system, and legal synchronization. The study yielded the following conclusions: 1) factors affecting the policy of legalization of abortion in Indonesia, among others: a) the impact of rape experienced by rape victims, b) KUHP and UU No. 23 Year 2009 on Health is not in accordance with the 1945 Constitution, c) High AKI due to unsafe abortion, d) Indonesia participates in international conferences that pay special attention to health services, especially women's reproductive health. 2) proof of criminal acts of rape by law enforcers so that rape victims can have an abortion based on the victim's report to be followed up and investigated by PPA Unit from the police by looking for evidence, such as visum. The most decisive thing that a person is a rape victim is the destruction of the hymen of the victim and the discovery of a suspect sperm in the victim's vagina that can be found in maximum within 3 days. If within 3 days the victim is declared a rape victim, based on the visum the doctor will provide effective emergency contraception within 72 hours to prevent conception.