Hang Tuah Law Journal
VOLUME 3 ISSUE 2, OCTOBER 2019

Study on Victimology of Abortion on Pregnant Women who do not Get the Husband’s Approval

Sutarno Hardjodirjo (Universitas Hang Tuah)
Dewi Setyowati (Universitas Hang Tuah)



Article Info

Publish Date
24 Oct 2019

Abstract

Observing Article 71 and 72 of Law Number 36 Year 2009 on Health, it can be concluded that every pregnant woman who has fulfilled the legal requirements for the benefit of the pregnant woman to have an abortion can not be intervened by a legitimate partner. Indonesian Government Regulation Number 61 Year 2014 on Reproductive Health, which is an implementing regulation Health Act above, Article 26 Paragraph 1 explained that every woman has the right to undergo a healthy sexual life safely, without coercion and discrimination, without fear, shame, and guilt. One explanation healthy sexual life in verse two is free from physical and mental violence. The problem that arises is when a woman is medically to be aborted for the safety of the woman and meets all requirements of an abortion but did not get the approval of her husband because of certain reasons. Based on the principle of legal certainty, abortion would not be able to do as opposed to legislation by not getting the husband's consent, whereas if the terms of the principles of justice and expediency, a woman has the right to get her human rights, the right to live and determine her own destiny.

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Journal Info

Abbrev

jurnal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic ...