Analisis Yuridis Perbandingan Tindak Perbuatan Aborsi Menurut PP No. 61 Tahun 2014 Tentang Kesehatan Reproduksi Dengan Kitab Undang-Undang Hukum Pidana.

Robiah, Robiah (2019) Analisis Yuridis Perbandingan Tindak Perbuatan Aborsi Menurut PP No. 61 Tahun 2014 Tentang Kesehatan Reproduksi Dengan Kitab Undang-Undang Hukum Pidana. Other thesis, Universitas Islam Riau.

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Abstract

Women's health is now a global concern. A development based on estimates that only 24% of the world's population has access to safe abortion services for a reason socially justified. 13% due to medical reasons and as much as 24% of abortions justified by reason of protecting the life of the mother. Abortion in need for medical treatment is permitted, but the medical action does not mean that one human life is sacrificed to life another human being. Because it was never allowed, if it happened outside the will of the person concerned. The problems contained in this thesis are how to form eliminate lives in the Criminal Code and How to Comparison permitted abortion within the age of 40 days according to PP No. 61 of 2104 About reproductive health with the Criminal Code. In this study the type of research using Normative as well is descriptive which means that where this research provides from a complete, detailed and clear statement. The results obtained are in the view of criminal law Indonesia, the act of abortion is not always an evil or is an act criminal acts, only abortion provocatus criminalis are categorized as an act of crime, as for the other abortions especially those spontaneous and medical is not a crime. So in an emergency as an effort to save the lives of the mother and or fetus it contains certain medical measures. Articles in the Criminal Code clearly does not allow an abortion in Indonesia. Criminal Code does not legalize without exception. Even provocatus medicalis abortion or abortion provocatus therapeuticus is also prohibited, including abortion provocatus committed by women victims of rape. However deep Government Regulation No. 61 of 2014 concerning Reproductive Health, Abortion in Indonesia alone it is not permitted, but with the exception of medical emergencies which threatens the life of the mother and or fetus, and for rape victims. Rape victims who committed provocatus abortion can be explained through the regulation of abortion provocatus itself in criminal law, viz contained in the Criminal Code which applies as general criminal law (lex generale) and PP No. 61 of 2014 concerning applicable RH as a special criminal law (lex speciale).

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