TINJAUAN YURIDIS TERHADAP ABORSI DENGAN INDIKASI MEDIS KARENA KEHAMILAN AKIBAT INCEST

Salakay, Ernny Apriyanti (2014) TINJAUAN YURIDIS TERHADAP ABORSI DENGAN INDIKASI MEDIS KARENA KEHAMILAN AKIBAT INCEST. S1 thesis, UAJY.

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Abstract

This research was aimed to know whether a medical-indicated abortion due to an incest pregnancy was judged by laws. This law research used a normative method. This law research focused on a positive law namely regulations and this research needed a secondary law material as a main data. Abortion was a fetus miscarriage, conducted abortion (intended due to she did not want the baby delivered). Abortion was divided into criminal abortion i.e. an intended abortion due to a reason and violating lawsand legal abortion i.e. abortion with authorization of related parties. Abortion with a medical indication due to incest pregnancy from criminal legal aspects namely, judged by the law or legal if the abortion was conducted with medical indication due to incest pregnancy meet wording of Article 75 verse b (2) letter a of Regulation Number 36 of 2009. As described in the article that abortion can be done with the exception if there are indications of a medical emergency which has been detected at an early age pregnancy. Abortion has also been conducted by medical considerations by a team of experts. if the woman conducted abortion in a forced situation due to she experienced a severe psychological pressure the judges could harmonize law provisions with a medical view that an incest pregnancy was a reason to conduct abortion with a medical indication. With such harmonization the judges could freed the woman based on an apologizing reason due to she conducted abortion based on a force power as what regulated in Article 48 of Criminal Law (KUHP).

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