KAJIAN HAK ASASI MANUSIA TERHADAP KASUS ABORSI KORBAN PERKOSAAN

Santi, Theresia Optiana (2023) KAJIAN HAK ASASI MANUSIA TERHADAP KASUS ABORSI KORBAN PERKOSAAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Rape is a crime that has been difficult to eradicate in recent years and what is even more concerning about this is the impact that this crime will have on the future of the victim. Law Number 36 of 2009 concerning Health provides arrangements regarding abortion for rape victims, however, it is different in Human Rights (HAM) where women and the fetus in the womb have the same rights. This study aims to find out whether Article 76 of Law Number 36 of 2009 concerning Health contradicts Article 9 of Law Number 39 of 1999 concerning Human Rights and the proper arrangements for rape victims and their legal certainty. The method used in this study is a normative research method that focuses on legal issues that are still the pros and cons and supported by traditional healers with the results of interviews with the Head of the Human Rights (HAM) Division at the Regional Office of the Ministry of Law and Human Rights, DIY. From the data obtained, it can be analyzed and drawn conclusions using the deductive method that Article 76 of Law Number 36 of 2009 concerning Health and Article 9 of Law Number 39 of 1999 concerning Human Rights (HAM) are contradictory to the Articles because of disharmony inside it. Regulations and legal certainty that should exist are also still important because they are not easy to implement, so government intervention is needed

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