CD Skripsi

Legalisasi Kebijakan Aborsi Diatas 40 Hari Sebagai Upaya Perlindungan Hukum Terhadap Korban Perkosaan

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ABSTRACT
The act of abortion in the criminal law system in Indonesia is something
that is prohibited from being carried out, but this provision can be waived by the
provision of exceptions to the prohibition of abortion for pregnancies resulting
from rape and indications of medical emergencies stipulated in the latest
Criminal Code, Republic of Indonesia Law Number 36 of 2009 concerning
Health, and Government Regulation Number 61 of 2014 concerning Reproductive
Health. However, in reality, one of the factors hindering the implementation of the
legalization of abortion for rape victims is the 40-day (6 week) time limit which is
considered too short to qualify for abortion for rape victims. Therefore, the
purpose of this study is to find out the urgency of changes regarding the time limit
above 40 days for abortions for rape victims and to formulate arrangements for
the legalization of abortions for rape victims in the future.
This type of research can be classified into normative legal research using
secondary data, carried out by making library materials the main focus based on
library research by examining and citing reference books related to the problem
to be studied. For this research, the data source is secondary data consisting of
primary legal materials, secondary legal materials and tertiary legal materials. In
addition, this research uses qualitative data analysis and produces descriptive
data using deductive thinking methods.
From the research results, there are two main points that can be
concluded, first, the urgency to make changes regarding the time limit above 40
days to have an abortion for rape victims, namely because the time limit given is
relatively short, so it is difficult for rape victims to fulfill these requirements
because the victim suffers physical and psychological harm, then the process of
investigation and proof takes time, not to mention that it will create new problems
in the future, and more rape victims are unable to have legal abortions and have
the opportunity to be criminalized. Second, regarding arrangements for the
legalization of abortion for rape victims in the future, changes need to be made,
because the current regulations cannot fully accommodate the existing problems,
because the existence of a time limit will only make it difficult for rape victims and
does not provide a way out.
Therefore, the time limit for abortion is considered ineffective if it is still
enforced as a condition for abortion. The author's suggestions are first, to provide
legal protection for rape victims who wish to have abortions past the time limit so
that victims avoid criminal charges. Second, eliminating the existing time limit
and equating the time limit for abortion due to medical emergency indications
with the time limit for abortion due to rape, that is, both are not given a time limit.
Keywords : Time Limit-Abortion-Rape Victims

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113415

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113415

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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