Soge, Paulinus (2002) ABORSI DARI PERSPEKTIF SEJARAH HUKUM. Keadilan dan Perdamaian, 22 (2). pp. 1-14.


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This article is focussed to a branch of jurisprudence, that is history of law, applied in criminal law, especially abortion from the ancient Greek and Roman laws, English and American common and statute laws to modern Indonesian criminal law. It is concluded that the discussion about abortion from the history of law perspective has given great contribution to the development of criminal law dealing with abortion. The U.S. Supreme Court's decision in the case of Roe v. Wade has been a landmark decision in which the majority opinion presented a trimester framework. Therefore it is suggested that in processing an abortion case, Indonesian judges should also base their decision on a thorough investigation about abortion from the Indonesian history of law.

Item Type: Article
Uncontrolled Keywords: 1. History of law on abortion, 2. The landmark decision `Roe v. Wade', 3. A trimester framework
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Editor UAJY
Date Deposited: 10 May 2013 10:21
Last Modified: 10 May 2013 10:21
URI: http://e-journal.uajy.ac.id/id/eprint/1339

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