THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

Authors

  • Hanuring Ayu Ardhani Putri Dosen Universitas Islam Batik Surakarta

DOI:

https://doi.org/10.26532/jph.v4i2.1746

Keywords:

criminal sanctions, perpetrators of crime, abortion, justice.

Abstract

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

References

Achadiat Charisdiono, 2007, Dynamics of Ethics and Medical Law, Book of Medicine, Jakarta,

CB. Kusmaryanto, SCJ, 2002. Abortion Kotoversi, Gramedia Widiasarana Indonesia, Jakarta.

Dadang Hawari, 2005, Forbidden Love, BP. FKUI, Jakarta.

Masrudi Muchtar, 2014, Midwife and Dynamics of Reproductive Health Law in Indonesia, Yogyakarta, Aswaja

Titon Slamet Kurnia, Reparation Against Victims of Human Rights Violations in Indonesia, PT. Citra Aditya Bakti, Bandung

Law Number 36 Year 2009 on Health.

http://www.cnnindonesia.com/nasional/20141029111311-12-8642/tercatat-angka-aborsi-meningkat-di-perkotaan

Downloads

Published

2017-08-15

Issue

Vol. 4 No. 2 (2017): Jurnal Pembaharuan Hukum

Section

Articles

License

Authors who publish with this journal agree to the following terms:
    1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).