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Fransisca Hasugian; Rencan Charisma Marbun

Jurnal Pendidikan Agama dan Teologi 2024 International Forum of Researchers and Lecturers

This research analyzes the phenomenon of abortion in the context of modernization, emphasizing the Biblical perspective. Through a literature review and analysis of relevant Bible verses, this research aims to understand the Bible's view on abortion and its implications in an increasingly plural and complex modern society. This study will also explore how Biblical values ​​can provide an ethical basis for dealing with moral dilemmas related to abortion

Khusnul Khusy Pit’ay; Aksi Sinurat; Debi F. Ng. Fallo

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.  

Nuri Yani

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The right to life is one of the human rights stated in the constitution of the Republic of Indonesia. In Indonesia, abortion is generally prohibited by law. However, for rape victims, abortion is considered an option that needs to be considered to protect the victim. However, until now there is still legal uncertainty regarding the gestational age limit for abortion for rape victims. The problem formulated is how the law protects victims and the implications of regulatory inequality. Using a normative legal approach, the theoretical study examines human rights, reproductive health, and feminism, which emphasizes the victim's right to choose abortion to reduce suffering. The results of the discussion show the unclear rules on gestational age in the Health Law and PP No. 28 of 2024, which differs from the 14-week limit in the Criminal Code. In conclusion, harmonization of regulations is needed to provide legal certainty for victims and medical personnel in carrying out abortions.

Gusti Meidyna Nafiazka; Fathia Rizki Maulana; Mutia Audini

VitaMedica : Jurnal Rumpun Kesehatan Umum 2024 STIKES Columbia Asia Medan

Pregnancy caused by forced sexual intercourse is a very difficult issue for women, especially for Muslim women. Due to a lack of knowledge about the permissibility of abortion in the context of sexual violence with a focus on the implications of Islamic law, Muslim women as victims, their families, and medical professionals face difficulties in making informed decisions on this issue. The purpose of this article is to analyze the Islamic legal perspective on abortion in these circumstances and examine the legal protections available to victims of sexual violence. In addition, the article examines the characteristics of mothers and infants as living beings, with particular emphasis on the distinction between the right to life of the fetus and the right to health and well-being of the mother. The article provides suggestions for the harmonization of victim protection laws and policies using a multidisciplinary approach. It also provides recommendations for the harmonization of laws, victim protection policies, and the provision of comprehensive health services, to ensure a balance between justice and the protection of human rights.

Silva Silva; Siska Wira Sasmitha; Sarmauli Sarmauli

Jurnal Budi Pekerti Agama Kristen dan Katolik 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Abortion is a controversial issue that involves debates across various sectors, including legal, religious, ethical, and health aspects. Defined as the termination of pregnancy before the fetus can survive outside the womb, abortion in Indonesia is regulated by Health Law No. 36 of 2009, Article 75, which allows the procedure only in cases of medical emergencies and pregnancies resulting from rape. Despite these regulations, illegal abortions still occur frequently, driven by unwanted pregnancies, economic issues, and social stigma. This paper will discuss various aspects, including the causes of abortion, health impacts, types of abortion in special cases, and the Christian ethical perspective. The research method employed is literature review. The findings indicate that abortion can occur due to various factors such as fear, health issues, socio-economic conditions, and misunderstandings about its consequences. Illegal abortions pose serious risks to women's physical and mental health, including infections, bleeding, emotional trauma, and even death. Medically, abortion may be performed to protect the mother’s life in high-risk pregnancies, such as in cases of uterine cancer or rape. However, from the Christian ethical perspective, abortion is viewed as contrary to God's will, as the fetus is considered a living being that must be protected from conception.

M. Gibransyah; Dona Raisa Monica; Maroni Maroni

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze efforts to overcome the law of abortion killings committed by children on unborn babies. The type of research used is yuridis normative doctrinal. Data sources were obtained from journal and library sources. The results of the analysis show that the crime of abortion murder was committed by a child. In this case, the judge sentenced the child perpetrator to imprisonment for 6 (six) months and 3 (three) months of work training. And whether the judge's decision is in accordance with the objectives of the sentence, what is certain is that in this case there are 3 theories that contain the judge's decision that fulfills the objectives of the sentence, namely the Absolute Theory, the Relative Theory and the Combined Theory.

Arif Agung Winarto

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abortion or the scientific language is Abortus Provocatus, is the method most often used to end an unwanted pregnancy, even though it is the most dangerous method. Abortus Provocatus is divided into two types, namely Abortus Provocatus Therapeuticus and Abortus Provocatus Criminalis. Abortus Provocatus Therapeuticus is an abortion provocatus carried out on the basis of medical considerations and carried out by personnel who have received special education and can act professionally. Meanwhile, Abortus Provocatus Criminalis is an abortion provocatus that is done secretly and usually by personnel who are not specially educated, including pregnant women who want to carry out the abortion provocatus. Abortus Provocatus Criminalis is one of the causes of death of women during their fertile period in developing countries.

A.H Sofiyullah

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This study aims to compare the legal framework governing the criminal offense of abortion in Indonesia with the policy on abortion practices in Canada. Using the comparative law method, this analysis investigates aspects of the law relating to abortion, including laws, regulations, and court decisions in both countries. Cultural, religious and social factors are also considered in the context of the different legal approaches to abortion in the two countries. The results highlight significant differences in legal approaches and societal views towards abortion between Indonesia and Canada. The implications of this comparison are discussed to enrich the understanding of abortion law and generate ideas for policy reforms or adjustments appropriate to each country's context. This research contributes to a global understanding of the legal and moral issues related to abortion and provides a foundation for further discussion in developing more effective and humane policies related to abortion at the national and international levels.

Nency Ayu Lianawati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Technological advances in all fields always have an impact on society in a nation. Likewise for the Indonesian people. One of the population problems facing the Indonesian nation today is the social behavior of the younger generation, which today is very free. In fact, they will be the next generation of the nation's ideals. This research method was carried out using a statute approach and a conceptual approach containing descriptions of theories, findings and other research materials obtained from reference materials to serve as a basis for research activities. This approach is also known as the literature approach, the judge's consideration in imposing a crime on abortion committed by the defendant is based on the legal basis used by the judge, namely Article 77 A of the Republic of Indonesia Law No. 35 of 2014 concerning the stipulation of government regulations in lieu of Law No. 1 of 2016 concerning the second amendment to Republic of Indonesia Law no. 23 of 2002 concerning child protection became law in conjunction with Article 55 Paragraph 1 to 1 of the Criminal Code. The Panel of Judges in deciding this case looked at the facts at trial and declared the Defendant legally and convincingly guilty of committing a criminal act "participating in committing an act with intentionally carrying out an abortion on a child who is still in the womb for reasons and procedures that are not justified by the provisions of the laws and regulations, based on the judge's considerations, namely the public prosecutor's indictment, witness statements, defendant's statements, evidence, and articles in criminal law regulations. , as well as positive legal considerations, namely the reasons why the defendant committed the act and the consequences of the defendant's actions.