DE'RECHTSSTAAT
2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024

CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF INTENTIONALLY COMMITTING AN ABORTION DURING DATING

Dewi Kusmiyati (Universitas Krisnadwipayana)
Ali Johardi Wirogioto (Unknown)
Saefullah (Unknown)



Article Info

Publish Date
26 Feb 2025

Abstract

This research aims to determine the extent to which the police act in determining whether abortion is legal or illegal and to determine the obstacles in implementing sanctions for perpetrators of abortion crimes in the city of Makassar. There are two research methods used in this research, namely literature study by collecting data and understanding various literature related to the research material and field study by collecting data and conducting research directly at the research location. The results of the research show that the role of the police in determining legal and illegal abortions is in accordance with applicable legal regulations, namely that the legal regulation of the criminal act of abortion is clearly stated in the Criminal Code, Law Number 36 of 2009 concerning Health, and Government Regulation Number 61 of 2014 concerning Reproduction health. Whereas the element of "intentionally" carrying out an abortion has been fulfilled in Article 194 of Law Number 36 of 2009 concerning health, then the defendant has been declared to have been legally and convincingly proven to have committed the crime of abortion. The police determine cases of illegal and legal abortion by finding out the reasons for the abortion. If the abortion is carried out on health grounds or to save the life of the mother, it can be decided as a legal abortion in accordance with Law Number 36 of 2009 Article 75 Paragraph (2), but if it is not proven as in the Criminal Code regulations then the abortion is considered an illegal abortion. In the process of carrying out the investigation, investigators experienced several technical problems in the field. The obstacles in the investigation process are the difficulty of finding witnesses, lack of evidence, difficulty in identifying suspects.

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Journal Info

Abbrev

LAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama ...