Jurist-Diction
Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026

Gender Superiority and Consent Mechanisms in Abortion Regulation in Indonesia

Maharani, Ni Ketut Indhira (Unknown)
Maulana, Muhammad Asrul (Unknown)
Hayati, Dewi Rhosita (Unknown)



Article Info

Publish Date
29 May 2026

Abstract

The main issue of this study concerns the consent requirement for abortion that provides space for or mandates the involvement of the husband, which creates tension with the principle of women’s bodily autonomy. Such a consent construction has the potential to reinforce gender superiority by placing women’s reproductive decisions under the control of another party. This research employs a normative legal method with statutory and conceptual approaches. The findings show that the consent mechanism forms a hierarchical structure that often restricts women’s autonomy, although exceptions exist in cases of sexual violence and medical emergencies. This condition indicates the need for ius constituendum to formulate a fairer, women-centered abortion consent mechanism aligned with gender equality principles. The study concludes that the consent mechanism must better adhere to bodily autonomy, gender equality, and legal certainty. Keywords: Consent; Abortion; Gender Superiority

Copyrights © 2026






Journal Info

Abbrev

JD

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...