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All Journal Problematika Hukum
Maria Puspita Dewi Sinaga
PRESIDENT UNIVERSITY
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL ANALYSIS ON ABORTUS PROVOCATUS IN THE LEGAL SCOPE OF INDONESIAN CRIMINAL CODE Diyah Nur Aini Salsabila; Ira Myranty; Leoly Tubel Tsalsabila; Maria Puspita Dewi Sinaga; Razkya Adisra Mulianto; Zanneta Angkumala Putri Sandra
Problematika Hukum Vol 9, No 2 (2023)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v9i2.5208

Abstract

The debate regarding the abortion of prospective children by victims of rape or what is known as Abortus provocateurs is a controversial matter as if this word is taboo to be combined, apart from that in Indonesia itself this is a very taboo thing and is even considered very reprehensible to do, where Indonesia itself has regulated regulations regarding this matter, but in the words regulated, there is a dualism, namely between defending the rights of the prospective baby and overriding the rights of the prospective mother, in Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency. It can be seen that this regulation only allows women to abort their future babies for certain reasons and circumstances, but is this fair? For this reason, we are reviewing these legal regulations to provide further interpretation and new analysis regarding how these regulations should apply and whether these regulations regulate the rights of both parties, especially in Indonesian law itself. This analysis uses a descriptive approach to provide a systematic explanation or view regarding abortions carried out by rape survivors. Even though there are pros and cons in this case, the government has ratified the regulation Article 31 paragraph (1) PP 61/2014 that abortion can only be carried out based on indications of a medical emergency and pregnancy due to rape. which prohibits rape survivors from aborting their baby or future babies.Keywords: Rape; Victim; Abortion; Abortus Provocatus.
LEGAL ANALYSIS OF INDONESIA’S DECISION TO RELOCATE ITS CAPITAL TO EAST KALIMANTAN Faiz Orlando Amryanto Pidani; Maria Puspita Dewi Sinaga; Sharon Pinkan Karwur; Zanneta Angkumala Putri Sandra
Problematika Hukum Vol 6, No 2 (2020)
Publisher : President University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33021/ph.v6i2.5159

Abstract

The relocation of the capital city of Indonesia from DKI Jakarta to East Kalimantan has been a major focus since it was announced by President Joko Widodo on August 16, 2019. This decision is rooted in population density, efforts for economic equality, and balanced development. This article deeply analyzes the driving factors and impediments behind this relocation, summarizes Indonesia's constitutional system perspective regarding the plan, and evaluates the feasibility of Indonesia in executing the capital city's relocation. This decision also has stirred varied responses in society, prompting the urgency for appropriate legislative revisions or even a referendum to ensure the right decision, impacting public trust. Using the literature review research method, this article extracts information from various legal sources such as books, journals, and related articles. A descriptive approach is employed to provide a systematic overview of the research object. Despite the pros and cons surrounding this relocation, the government has ratified Law No. 3 of 2022 concerning the State Capital to proceed with the plan.Keywords: Law, Capital City, Constitutional System, Public trust, Disaster
Co-Authors Diyah Nur Aini Salsabila Faiz Orlando Amryanto Pidani Ira Myranty Leoly Tubel Tsalsabila Razkya Adisra Mulianto Sharon Pinkan Karwur Zanneta Angkumala Putri Sandra