LEGAL BRIEF
Vol. 13 No. 5 (2024): December: Law Science and Field

Problems of Abortion Implementation in the Perspective of Indonesian and Thai Criminal Acts

Miranda Damayanti (Universitas Bojonegoro, Indonesia)
Nurul Fajriyah (Universitas Bojonegoro, Indonesia)



Article Info

Publish Date
30 Dec 2024

Abstract

Abortion is a complex and controversial issue involving legal, moral, and ethical aspects. This study aims to analyze the problems of implementing abortion from a criminal perspective in Indonesia and Thailand, as well as a review of Islamic law. The method used in this study is the normative legal research method. This study is theoretical and tends to use secondary data as the main source, such as laws and regulations, court decisions, legal journals, books, and related documents. The purpose of this study is to Analyze the Legal Regulations on Abortion from Indonesian Law and Law in Thailand, and to identify the Problems of Its Implementation. In the Indonesian context, abortion is regulated in Law No. 1 of 2023 and Law No. 36 of 2009 concerning Health, which permit abortion under certain conditions, such as medical emergencies and pregnancy due to rape, with strict time limits. Meanwhile, in Thailand, recent legal reforms allow abortion up to 12 weeks without conditions, reflecting a more liberal approach compared to Indonesia. From a Positive legal perspective, abortion is generally considered haram, but there are exceptions in emergency or hajat situations. This study found that there is a discrepancy between the positive laws in both countries regarding the time limits and conditions that allow abortion. This analysis is expected to provide a better understanding of the legal and ethical challenges in the practice of abortion, and encourage dialogue between positive law and religious values ??to achieve more just and sustainable solutions.

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...