Simanullang, Rifka Marlina (2023) Pembuktian Tindak Pidana Turut Serta Melakukan Aborsi (dalam Perkara No. 850/pid.sus/2021/pn Pbr). Other thesis, Universitas Islam Riau.

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Abstract

Abortion is a medical phenomenon, in which the fetus dies or dies before its time to be born. This process can occur spontaneously which is commonly called Spontaneous Abortion and can also occur as a result of actions that are contrary to the law called Abortus Provocatus. In Case No.850/Pid.Sus/2021/PN Pbr, it was an act of abortion carried out by educators in the health sector, namely by medical faculty students. Abortion is not a trivial matter that can be done by anyone easily. The law acts strictly against abortions performed by adolescents and adult women. Special arrangements regarding the crime of abortion are regulated in article 75 paragraph (1) of the Republic of Indonesia Law Number 36 of 2009 concerning HealthThe purpose of this study is to find out the evidence for the crime of participating in having an abortion, and to find out the Judge's consideration of the decision for the crime of participating in having an abortion in Case No.850/Pid.Sus/2021/PN Pbr. The purpose of this study is to find out the proof of the crime of participating in having an abortion, and to find out the Judge's consideration of the decision for the crime of participating in having an abortion in Case No.850/Pid.Sus/2021/PN Pbr. This study used two methods, namely direct field studies at research locations and literature studies by collecting data from various literature related to the research material. The results of the study explained that the decision-making process carried out by the Panel of Judges was in accordance with the legal provisions for the Abortion Crime regulated in RI Law No. 36 of 2009. The judge stated that all elements in article 194 in RI Law No. 36 of 2009 had been fulfilled the element of offense as the perpetrator participates in the abortion. Judge's considerations in imposing a sentence on the Defendant with imprisonment for 5 (five) years and a fine of Rp. 100,000,000 (one hundred million rupiah) with a substitute for imprisonment for 3 (three) months

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