JOURNAL SCIENTIFIC OF MANDALIKA (JSM)
Vol. 7 No. 1 (2026)

Kepastian Hukum Aborsi terhadap Korban Pemerkosaan Melalui Proses Pidana

Adhar (Unknown)
Khairunisyah (Unknown)
Ami Hartati Puji Raya (Unknown)
Lalu Kesa Rahmatullah (Unknown)
Fathurrahman (Unknown)



Article Info

Publish Date
15 Jan 2026

Abstract

This study analyzes the legal certainty of abortion for rape victims within Indonesia’s criminal justice system. The main issue focuses on how abortion exceptions for victims of sexual violence are legally regulated and how the criminal process ensures the protection of victims’ rights both legally and humanely. The research employs a normative legal approach using statutory and conceptual analysis of the Indonesian Criminal Code, Criminal Procedure Code, Health Law, and relevant Government Regulations. The findings indicate that abortion is generally a criminal offense but may be exempted if conducted under medical indication or due to rape, proven through forensic examination and the investigator’s statement. This policy reflects legal protection for victims but faces practical challenges due to the tension between the presumption of innocence and humanitarian needs. The study concludes that a synergistic approach between legal authorities, medical professionals, and psychologists is essential to establish fair and adaptive legal certainty while ensuring victims’ reproductive health rights with dignity.

Copyrights © 2026






Journal Info

Abbrev

jomla

Publisher

Subject

Humanities Languange, Linguistic, Communication & Media Other

Description

This journal is a means of scientific publication to develop knowledge and information. This journal specifically contains the results of research carried out in all scientific fields. Apart from publishing research results, this journal also accepts manuscripts from literature reviews and other ...