MIMBAR : Jurnal Sosial dan Pembangunan
Volume 39, No. 1, (Juni 2023) [Accredited Sinta 2] No 10/E/KPT/2019]

A Phenomenological Study of Polemic Regulation of Abortion Law on Medical Emergency Indications in Hospital

Asmariah (Universitas Islam As-Syafi'iyah)



Article Info

Publish Date
30 Jun 2023

Abstract

Abortion is a crucial law in health law. But in reality, abortion with some medical reasons is a legal way to be taken in providing solutions to safety problems related to pregnancy. The polemic of overlapping legal rules that apply and occur between the Health Law and the Criminal Code is certainly a condition that must be addressed wisely through some analysis so that it is expected to find the best middle ground in addressing both matters. This study aims to determine the description of the implementation of abortion on indications of medical emergencies in hospitals associated with abortion law regulations namely the Criminal Code and the Health Act. The research design used in this study is qualitative with descriptive phenomenology approach. This study reveals a picture of the implementation of abortion arrangements based on aspects of medical emergencies that are connected between the Health Law and the Criminal Code regulation of abortion crime. The researcher analyzed the data using Colaizzi analysis, which completes the analysis by re-clarifying the participants. The results of the study found that legal issues regarding abortion regulations indicating medical emergencies as long as it refers to the procedure in accordance with Health Law No. 36 of 2009 then the legal issues regarding the Criminal Code on abortion can not be raised to the surface, because medically abortion provocatus medicinalis or abortion on indications of medical emergencies is an abortion that must be performed on pregnant women in emergency conditions that if not performed abortion can threaten the life of the pregnant woman.

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Journal Info

Abbrev

mimbar

Publisher

Subject

Economics, Econometrics & Finance Education Environmental Science Social Sciences Other

Description

MIMBAR, Jurnal Sosial dan Pembangunan as part of the spirit of disseminating scientific research results and ideas for comprehensive service to the Society. MIMBAR Jurnal Sosial dan Pembangunan publishes original research articles, review articles from contributors associated with social and ...