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.

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.

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.

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 Perlindungan Hukum terhadap Pemuda Dari Kejahatan Terorisme Di Wilayah Hukum Provinsi Jambi

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 388
Author(s):  
Ferdricka Nggeboe ◽  
Reza Iswanto ◽  
Sriayu Indah Puspita
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Provincial Government ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Law Enforcement Officials ◽  
The Government ◽  
Data Collection Technique

Research on legal protection against youth from terrorism crimes in the jurisdiction of Jambi Province aims to determine the form of protection from the government and law enforcement in Jambi Province. The object of his research is legal protection for youth. The problem in this case is how the legal protection of youth from terrorism crimes in the jurisdiction of Jambi Province. The research method is normative so that this research is more descriptive qualitative in nature and sourced from literature. The approach is a case approach and the data collection technique is document study and data analysis is done qualitatively. The result of his research is that legal protection for youth from terrorism crimes in the jurisdiction of Jambi Province is carried out by means of preventive means, namely the government issues legal rules related to terrorism crimes, namely Law Number 5 of 2018 to protect youth who are victims of terrorism crimes, then law enforcement officers and The Counter-Terrorism Communication Forum conducts outreach / counseling related to terrorism crimes, while the repressive form is the Jambi Provincial government and law enforcement officials to ensnare perpetrators of terrorism crimes by imposing criminal sanctions as regulated in Law Number 5 of 2018 concerning Amendments to Law Number 15 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism into Law.

scholarly journals Pretrial on SP3 Corruption Case in the Perspective of Victim Justice

2020 ◽  
Vol 8 (4) ◽  
pp. 1439-1446
Keyword(s):  
Law Enforcement ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Corruption Case ◽  
Library Research ◽  
Study Results ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
The Government ◽  
The 1960S

Corruption in Indonesia has spread like a virus since the 1960s that is harming the nation’s economy as well as victims of these crimes. Although the government tried to eradicate such crimes i.e. law enforcement, the issue still exists. The normative legal research method is used in the current study. The statute approach is utilized to review the termination of investigations as the basis for pre-trial submission by third parties for which data was collected by library research. To analyse the data, researchers examined the obtained materials to process it further. Results state that there is still a significant gap between law enforcement officials and people suffering from these corruption cases. The pre-trial complaint mechanism is not effective so far thus leaving ambiguity in victims’ minds. Based on study results, we, therefore, recommend that some serious and clear eradication mechanism should be introduced by law enforcement agencies to reduce corruption in Indonesia as well as victims should be given special consideration in the whole justice process.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

scholarly journals “Divine Violence” After the Kharotabad Killings

2015 ◽  
Vol 1 (1) ◽  
pp. 4-11
Author(s):  
Syed Sami Raza
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Law Enforcement ◽  
Suicide Bombing ◽  
Law Enforcement Agencies ◽  
Local Media ◽  
Politics Of Aesthetics ◽  
Divine Violence ◽  
The Government ◽  
Cover Up

In 2011 the law enforcement agencies of Pakistan killed a group of foreigners traveling across Pakistan-Afghanistan border. The agencies then tried to cover up the incident by calling it a potential suicide-bombing attack. However, they could not succeed in the cover-up plan primarily due to a photograph of one of the killed aliens—a woman—that appeared on local media. In this photograph the alien woman is shown lying on the ground near a sandbag-covered check-post waving for mercy/justice. The photograph becomes viral on both electronic news and social media and impels the government to order an inquiry. In this article, I engage the concept of “divine violence” and explore the photograph’s politics of aesthetics, which I argue contextualizes the photograph’s meaning during a creative moment for human rights.

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. 

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