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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Sofyan, Carollin Ophelia
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Law, Crime, Criminology & Criminal Justice

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The Conflict Between Criminal Law Norms and Moral Norms in Abortion Cases in Indonesia: What and How? Sofyan, Carollin Ophelia; Darma, I Made Wirya; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6092

Abstract

This research is a normative legal study with a conceptual, legislative, and philosophical approach. The results of this study affirm that, morally, abortion is permitted if there is a medical necessity for it. However, in criminal law, abortion is primarily oriented towards protecting the health rights and the dignity rights of women as prospective mothers, so besides health reasons, abortion is permitted for women who are victims of rape or other sexual violence with a gestational age of less than fourteen weeks. Efforts to resolve the conflict between moral norms and criminal law norms regarding abortion regulations in Indonesia involve emphasizing that abortion for women whose pregnancies are less than fourteen weeks should be understood as a last resort. The recommendation from this research is the need for a moral-based interpretation of criminal law norms by emphasizing substantive justice aspects, thereby minimizing the conflict between criminal law norms and moral norms..
Co-Authors I Gede Agus Kurniawan I Made Wirya Darma