CD Skripsi

Analisis Yuridis Terhadap Putusan No.5/Pid.Sus-Anak/2018/Pn.Mbn Terkait Anak Yang Melakukan Tindak Pidana Aborsi Akibat Korban Tindak Pidana Perkosaan

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ABSTRACT

The provisions of Article 75 and Article 194 of Law Number 36 Year 2009 concerning Health make it clear that a person is prohibited from having an abortion unless there is an indication which endangers the fetus and the mother. A person who has an abortion without the provisions of Article 75 will be subject to imprisonment for a maximum of 10 years and a fine of Rp. 1,000,000,000.00 (one billion rupiah). But in this case someone who has an abortion has an element of coercion or noodweer which means it cannot be convicted. This case is an abortion resulting from rape by one of his own family members.In the verdict of the judge that the rape victim who had an abortion was sentenced to 6 months and 3 months of work training as well as paying the cost of the case, the rape victim as the abortionist is a daughter aged 15 years means that it is underage and not yet capableoflaw.
The purpose of this thesis is: first, to find out the analysis of the decision No.5 / Pid.Sus-Anak / 2018 / Pn.Mbn fulfill a sense of justice for children who commit abortion due to victims of rape. Secondly, to find out the basis for the judge's judgment in ruling No.5 / Pid.Sus-Anak / 2018 / Pn.Mbn to children who commit criminal acts of abortion due to rape victims.
This research uses descriptive research with normative juridical approach while the data taken is secondary data so that the data collection is done by literature study. While the analysis of the data used in this study is a qualitative analysis that examines the truth of the study of documentation and drawing conclusions from each Article by Article relating to the title of this study.
The results showed that the criminal prosecution carried out by the Panel of Judges and the demands of the Public Prosecutors were not appropriate, that a person convicted in this case was 15 (fifteen) years old and there was a nature of threats and force during his rape as a victim until he was pregnant. Whereas there are irregularities in the court process which should be minors having special rights, the authors analyze Decision Number 5 / Pid. Sus-Anak / 2018 / PN. the girl.


Keywords: Abortion, Rape Victim, Girls.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0219)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

vi, 71 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0219)

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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