UMPurwokerto Law Review
Vol 1, No 1 (2020)

LEGAL PROTECTION OF ABORTION ABUSERS IN THE PREGNANCY OF RAPE IN INDONESIA

Firdaus Pria Pradana (Fakultas Hukum UMP)
Rahtami Susanti (Unknown)
Bayu Setiawan (Unknown)



Article Info

Publish Date
05 Aug 2020

Abstract

Abortion is prohibited except on the basis of indications of medical emergencies and pregnancy due to rape as regulated in Article 75 paragraph (2) of Law Number 36 the Year 2009 Concerning Health. Nevertheless, there are some cases where rape victims who abort their womb are found guilty of violating Article 346 of the Criminal Code. This study discusses the legal protection of abortionists in pregnancy due to rape. The purpose of this study was to analyze the legal protection of victims of rape who had an abortion (abortion provokes). The research method used is a normative juridical approach that is through literature studies that examine secondary data in the form of legislation and other legal documents, research results, results of studies, and other references. The results of this study are that rape victim who did an abortion were not convicted in accordance with Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and the existence of pre and post-abortion counseling in accordance with Article 37 of Government Regulation Number 61 of 2014 concerning Reproductive Health.Keywords: Legal protection, Abortion, the rape victim

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Journal Info

Abbrev

umplr

Publisher

Subject

Social Sciences

Description

UMPurwokerto Law Review (P-ISSN: 2745-3839 & E-ISSN: 2745-5203) is an international, open-access journal with rapid peer-review, which publishes works from a wide range of fields law. UMPurwokerto Law Review is published twice a year (February & August) by the Faculty of Law Universitas Muhammadiyah ...