PENGARUSUTAMAAN PENGADILAN DALAM PENYELESAIAN PERKARA ABORSI TERKAIT DENGAN HAK ASASI MANUSIA

Soetanto, Andres (2014) PENGARUSUTAMAAN PENGADILAN DALAM PENYELESAIAN PERKARA ABORSI TERKAIT DENGAN HAK ASASI MANUSIA. S1 thesis, UAJY.

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Abstract

Essay / Legal Writing was created by Andres Soetanto ( 110510708 ), entitled " Mainstreaming The Courts in Settling Disputes Related to The Abortion of Human Rights ". Essay / writing of this law is under the guidance of Prof. Dr. Drs. Paulinus Soge, S.H., M.Hum as preceptor. The aim of the essay research / writing of this law is not to know mainstreaming the courts in settling disputes related to the abortion of human rights. Essay / These legal writing using normative legal research methods that put the law as a building system that was integrated with the principles norms, norms, rules of law until to the court decision. It is important to known that normative legal research methods used in the essay / legal writing is rooted in a court ruling in the case of abortion oriented and the results of interviews conducted openly with one of the judges in Sleman District Court. The results of essay research / writing of this law is the unfolding of prioritizing the court as the embodiment of the independence of judges in deciding the case of abortion by using the Code – Penal, particularly in Article 346. On the other hand, it was revealed that the judge's decision also have to accommodate the sense of justice in society, especially in the review of human rights, which in critical thinking and constructive note that abortions are carried out as a justification for irrational reasons due to an extramarital affair, so that to become antinomy with the applicable rules of law and the rights of the fetus, therefore it is reasonable if the perpetrators brought to justice and punished under Article 346 of the Criminal Code that is alleged.

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