KEKUATAN PEMBUKTIAN KETERANGAN AHLI DOKTER OBGYN DALAM KASUS ABORSI

AMBARITA, CLAUDIA NATALIA (2016) KEKUATAN PEMBUKTIAN KETERANGAN AHLI DOKTER OBGYN DALAM KASUS ABORSI. S1 thesis, UAJY.

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Abstract

Humans are born endowed by a right inherent which namely human rights. The regulation Number 39 of 1999 about Human Rights in article 1 number 1 contain provision that Human Rights are a set of rights which inherent in the nature and existence of humans as a creature of God Almighty and be his grace that must be respected, upheld and protected by the state, law, government, and everyone for the respect and protection of human dignity. A regulation Number 36 of 2009 about Health in article 1 paragraph 1 explain that every person is banned to do an abortion. Cases of abortions occurred in Indonesia demanding role of an Expert Physician Obgyn who understands and is able to provide information and knowledge about the dangers of abortion. Based to the background, whether the description Expert Physician Obgyn in case of abortion has the strength of evidence the most decisive in that case. The purpose of the study in accordance with the formulation of the problem is to know the description Expert Physician bgyn Strength of Evidence in case of abortion. This type of research is a kind of normative legal research. Normative legal research is research done or focus on the positive legal norms in the form of legislation. In the case of abortion, description Expert Physician Obgyn only give opinions or views in accordance with his own expertise. Experts do not know the facts of the case, he did not hear, see or experience abortion cases that occur. Expert testimony that given by Doctor Obgyn later by the judge can be used and can also not be used. In the case of abortion, Description of a Physician Expert Obgyn own right to help make light of the crime of abortion and assist judges in decisions. Expert testimony Doctor Obgyn in Case of Abortion not be the most decisive evidence in such cases because Doctor Obgyn only give his opinion in the case.

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