TINJAUAN TERHADAP ABORSI LEGAL DI INDONESIA PERSPEKTIFlIUKUM PIDANA

Soge, Paulinus (2005) TINJAUAN TERHADAP ABORSI LEGAL DI INDONESIA PERSPEKTIFlIUKUM PIDANA. Keadilan dan Perdamaian, 25 (1). pp. 1-162.

Preview

Text HKJ0422.pdf Download (11MB) | Preview

Abstract

An international survey on abortion laws in countries all over the world carried out in 1995 found outfour models of abortion policies respectively are: model of prohibition, model of permission, model of prescription and model of privacy. Based on that finding, it seems that ius constitutum on abortion in Indonesia applied two models at once, model of prohibition and model of permission because The Penal Code prohibits abortion without any exception whereas Health Law No. 23, 1992 permits abortion in critical emergency condition to save a womans' life. Therefore legal abortion in Indonesia from the criminal law perspective is the so called abortus provocatus medicinal is/therapeuticus. After two international conferences carried out at the end of the twentieth century, ICPD in Cairo 1994 and FWCW in Beijing 1995, there were two new progresses in Indonesia dealing with abortion. First, there were two movements developing in the society, Pro-Life and Pro-Choice, and second, the Parliament at the period of President Megawati made a bill to ammend the Health Law. The new bill tends to follow model of privacy because it permits safe, qualified and responsible abortion carried out in accordance with medical standards. Therefore, from the criminal law policy, there are two choices for ius constituendum on abortion in Indonesia, i.e. to defend the Health Law with the obligation to make Government Regulation to carry out medical abortion or to enact the new bill. In this case the Government should be wise and firmly hold the foundation and aim of the Indonesian people that is to protect all Indonesian people and to develop public welfare based on The Five Principles."

Actions (login required)

View Item