scholarly journals Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law

2020 ◽  
Vol 1 (4) ◽  
pp. 631-640
Author(s):  
Fikri Ariyad ◽  
Ali Masyhar
Keyword(s):  
Reproductive Health ◽  
Women Victims ◽  
Government Regulation ◽  
Psychological Trauma ◽  
Criminal Code ◽  
Penal Code ◽  
Health Law ◽  
Rape Victims ◽  
Medical Emergencies ◽  
The Government

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

scholarly journals Tinjauan Hukum Islam terhadap Peraturan Pemerintah tentang Kebolehan Aborsi pada Kasus Kedaruratan Medis dan Perkosaan

2020 ◽  
Vol 1 (3) ◽  
pp. 440-457
Author(s):  
Dewi Indriani ◽  
Zulfiah Sam ◽  
Siti Yudianti
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Psychological Trauma ◽  
Legal Abortion ◽  
Rape Victims ◽  
Statistical Research ◽  
Research Results ◽  
Positive Law ◽  
Medical Emergencies ◽  
Descriptive Qualitative

Abortion is a prohibited act in both Islamic and positive law, but Article 75 of the Health Act provides exceptions for indications of medical emergencies and pregnancy as a result of rape which can cause psychological trauma to rape, then its application is regulated in Government Regulation No.  61 of 2014. This study aims to find out and understand the perspective of Islamic law regarding the abortion exception in Government Regulation No.  61 of 2014 with indications of medical emergencies and rape victims.  The problems that the authors raise in this study are;  First, what is the concept of abortion implementation referred to in Government Regulation No.  61 of 2014 in accordance with Islamic law ?.  Second, how is the perspective of Islamic law on the concept of Government Regulation No.  61 of 2014 concerning exceptions to the prohibition of abortion with indications of medical emergencies and rape victims ?.  To get answers to the above problems, the writer uses descriptive qualitative (non-statistical) research, which focuses on the study of texts and texts.  And use the method of normative theological approach.The research results found are as follows;  First the concept of legal abortion in PP No. 61 of 2014 is in accordance with the stipulation of emergency rules both in determining emergency cases and in avoiding interpretations arising from the abortion.  Second, the concept of legal abortion in PP No. 61 of 2014 does not conflict with Islamic law.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

scholarly journals Polemic of Indonesian Criminal Code Bill on Bali’s Tourism Industry

2019 ◽  
Vol 3 (1) ◽  
pp. 34
Author(s):  
I Made Ari Kapela
Keyword(s):  
Group Discussion ◽  
Criminal Code ◽  
Significant Loss ◽  
Tourism Industry ◽  
Penal Code ◽  
The Public ◽  
The Past ◽  
The Government ◽  
The Postponement ◽  
Fairmont Hotel

Indonesian Criminal Code Bill proposal, suddenly became a hot issue after Indonesia commemorate their 74th Independence Day. The executive and legislative accelerated completion of Indonesian Criminal Code Bill (ICCB) at Fairmont Hotel, Jakarta. Many parties have been urging the government to revise some outdated articles since the penal code was a product of Dutch colonialism in the past. Three crucial topics were discussed and added to the draft regarding blasphemy to president, crimes against morality and decency, as well as specific intent crime. Apparently, some parties were unsatisfied with the draft. Waves of uproar sprang up between mid-September and early October 2019. the demonstrators considered that there are ten controversial articles in the ICCB that have vague enforcement parameters. To reduce the public tension, the government agreed to delay the ICCB ratification that, according to public includes multiple problematic articles. President Joko Widodo stated that more input would be conducted before disseminate the latest ICCB information to public. The postponement would be evoked after the new set of parliaments is inaugurated. Albeit being postponed, Tourism practitioner in Bali experiencing significant loss of tourists visit due to the issues. It is expected in future; the government would involve tourism practitioner in group discussion before setting new regulations that may affect the vital industry of Indonesia.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman
Keyword(s):  
Social Media ◽  
Government Regulation ◽  
Criminal Code ◽  
Media Communication ◽  
Taboo Words ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Active Communication ◽  
Equivalent Method

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

scholarly journals Aborsi dalam Perspektif Hak Asasi Manusia dan Hukum Islam (Analisis terhadap Peraturan Pemerintah No. 61 tahun 2014 tentang Kesehatan Reproduksi)

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 107
Author(s):  
Linda Fidawaty
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Islamic Law ◽  
Medical Emergency ◽  
Rape Victims ◽  
The Government

This article examines the Government Regulation PP No. 61 of 2014 regulating mechanism and procedures of abortion in the case of rape victims from the perspectives of Human Rights and Islamic Law. The regulation, which is the implementation of Article 75 paragraph (1) of the Health Act, states that abortion is prohibited unless there is an indication of medical emergency and pregnancy due to rape. According to the rules, the implementation of abortion must fulfill some procedures such as:pregnancy verification, doctor’s certificate, investigator’s statement, and psychologist’s information about the occurrence of rape. In 39/1999 ofHuman Rights Act, unless it is aimed atprotecting the mother and child’s life, abortionis considered as violating human rights. In Islamic law, the regulation of abortion for rape victims varies widely, depending on circumstances.

scholarly journals Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

2021 ◽  
Vol 10 ◽  
pp. 778-783
Author(s):  
Christina Maya Indah Susilowati ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Lower Limit ◽  
Criminal Law ◽  
Government Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
Regulatory Issues ◽  
Policy Practice ◽  
Legal Method

This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.

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