Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Conflict Between Criminal Law Norms and Moral Norms in Abortion Cases in Indonesia: What and How?

Sofyan, Carollin Ophelia (Unknown)
Darma, I Made Wirya (Unknown)
Kurniawan, I Gede Agus (Unknown)



Article Info

Publish Date
27 Feb 2025

Abstract

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..

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...