Nurani Hukum : Jurnal Ilmu Hukum
Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio

The Principle of Legal Protection in the Provision of Emergency Contraception Services for Rape Victims under Law 36 of 2009 on Health

Fitrianti, Mia Yulia (Faculty of Law, Universitas Padjadjaran)
Fakhriah, Efa Laela (Faculty of Law, Universitas Padjadjaran)
Handayani, Tri (Faculty of Law, Universitas Padjadjaran)



Article Info

Publish Date
30 Jun 2023

Abstract

Rape, a violent act involving coerced sexual intercourse, necessitates the provision of emergency contraception services to prevent unwanted pregnancies. Competent and authorized healthcare professionals are responsible for delivering these services, which are governed by government regulations in accordance with the health law. Thus, the author explores the legal protection that emergency contraception services offer to both rape victims and healthcare providers, highlighting the underlying principles of this implementation. This research employs a descriptive analysis using a normative juridical approach. Findings indicate several barriers to service provision, including limited doctor knowledge, inadequate standard operating procedures, and exclusion from the hospital's essential medicine formulary. Emergency contraception services are legally regulated as part of the Health Law, as they fulfill the legal needs of rape victims, surpassing the hierarchy of Government Regulations. By preventing unwanted pregnancies without the need for complicated procedures like abortion, emergency contraception services significantly enhance the protection of rape victims and healthcare workers. However, the current regulations lack provisions mandating the provision of information and emergency contraception services to rape victims by healthcare providers. Consequently, not all healthcare workers are willing to offer these services due to the absence of legal obligations. To ensure the availability of emergency contraception services, legislative changes should be made by introducing new articles into the health law, explicitly stating the obligation of healthcare providers to offer emergency contraception services to rape victims.

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Journal Info

Abbrev

nhk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law ...