ANALISIS YURIDIS PENGATURAN ABORTUS PROVOKATUS TERHADAP KORBAN PEMERKOSAAN DI INDONESIA

  • Rina Shahriyani Shahrullah Universitas Internasional Batam
  • Elza Syarief
  • Lu Sudirman
  • Tedy Surya
DOI: https://doi.org/10.33059/jhsk.v15i2.2613
Keywords: Abortus Provocatus, Legal Protection, Rape Victims

Abstract

Abortion or abortus provokatus constitutes a termination of pregnancy before the time of delivery. The objective of the study is to ascertain if the Abortion-related Health Law is a realistic rule based on the health aspects, as well as to analyze how long it should be allowed by the Health Law to perform an abortion according to medical criteria. The study uses a method of normative legal research. It concludes that the Health Law pertaining abortion is a realistic rule based on health aspects. Yet, it  is necessary to revise the abortion rules due to rape incidents. The rules permits the abortion if the gestational age is 6 (six) weeks or 40 (forty) days. It is calculated from the first day of the last period. It suggests that the gestational age should be 12 (twelve) weeks or 3 (three) months from the first day of the last period.

 

Keywords: Abortus Provocatus, Legal Protection, Rape Victims

Published
2020-12-15
How to Cite
Shahrullah, R. S., Elza Syarief, Lu Sudirman, & Tedy Surya. (2020). ANALISIS YURIDIS PENGATURAN ABORTUS PROVOKATUS TERHADAP KORBAN PEMERKOSAAN DI INDONESIA. Jurnal Hukum Samudra Keadilan, 15(2), 251 - 263. https://doi.org/10.33059/jhsk.v15i2.2613
Issue
Vol 15 No 2 (2020): Jurnal Hukum Samudra Keadilan
Section
Articles

Copyright (c) 2020 Jurnal Hukum Samudra Keadilan

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors who publish with this journal agree to the following terms:

- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.