This research is a normative legal study with a conceptual, legislative, and philosophical approach. The results of this study affirm that, morally, abortion is permitted if there is a medical necessity for it. However, in criminal law, abortion is primarily oriented towards protecting the health rights and the dignity rights of women as prospective mothers, so besides health reasons, abortion is permitted for women who are victims of rape or other sexual violence with a gestational age of less than fourteen weeks. Efforts to resolve the conflict between moral norms and criminal law norms regarding abortion regulations in Indonesia involve emphasizing that abortion for women whose pregnancies are less than fourteen weeks should be understood as a last resort. The recommendation from this research is the need for a moral-based interpretation of criminal law norms by emphasizing substantive justice aspects, thereby minimizing the conflict between criminal law norms and moral norms..
Copyrights © 2025