Karya Ilmiah

DISERTASI (131) Aborsi Akibat Perkosaan Dalam Perspektif Hukum Kesehatan

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This research will discuss the issues related to the philosophical foundation and the
ratio legis that legalized the abortion due to rape, it’s implications and the legislation policy
of abortion in the case of pregnancy due to rape in Ius constituendum (future). To address the
issues occurred in legalization of abortion due to rape in perspective the Indonesian health
law, this research uses multiple approaches included; Statute Approach, Conceptual
Approach, and Historical Approach. Legislative in this research being used to examine the
philosophical foundation and the ratio legis in legalizing to performing abortion due to rape.
The conceptual approach in this research is used to examine several existed; the concept of
justice, the of human rights concept, the basic concept of the abolition of the criminal, penal
policy concept, and the concept of trauma psychologist. The comparative approach in this
research used in order to assess the comparative micro abortion legislation from the
Netherlands, Malaysia and Brazil.
Article 28 H section (1) of the Indonesian Constitution of 1945 stipulated; "Everyone
has the right to live physically and spiritually prosperity, has the right to residence, and has
the right to obtain a good and healthy living environment, and right to access the health
services." Abortion in the case of pregnancy due to rape have both physical and mental
health impact for the women who has the abortions. In addition to the medical implications,
the abortion due to rape also lead to the juridical implications since the abortion only
permitted when it meets the requirements stipulated under Article 75 Section (2) and Article
76 of Health Law jo. Government Regulation number 61 of 2014 on Reproduction Health. In
contrary, when the conditions that has been established could not be fulfilled, the offender
will be charged with criminal offenses stipulated under Article 194 of Health Law. Hence,
the relevant legislation policy regarding the abortion in the case of pregnancy due to rape
should be formulated by heed the legal certainty, usefulness and fairness as the objective in
enacted the law.

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Ketersediaan

091070508

0131

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

131

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

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Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

MEDICAL LAW

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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