Legal Dilemma of Abortion Regulation for Rape Victims in Indonesia from the Perspective of Justice

Authors

  • Niken Budi Setyawati Universitas Borobudur
  • Boy Nurdin Universitas Borobudur

DOI:

https://doi.org/10.55324/josr.v3i12.2339

Keywords:

Abortion, Rape, Justice, Legal Dilemma

Abstract

The legal dilemma surrounding abortion regulation for rape victims in Indonesia is a complex issue that involves moral, social, and legal aspects. In Indonesian law, Articles 299 and 346 of the Penal Code regulate abortion, while Law No. 36 of 2009 concerning Health provides provisions regarding emergency situations where abortion may be justified. This study aims to analyze these regulations from the perspective of justice, considering the rights of rape victims and the social impacts of abortion prohibitions. The research method utilized in this study is normative juridical methodology, also known as library research. Normative juridical research focuses on secondary data sources as the main reference. This secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. The results indicate that although there are legal foundations, the implementation of abortion regulations for rape victims still faces challenges in achieving justice and protecting women's rights.

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Published

2024-11-30

Issue

Vol. 3 No. 12 (2024): Journal Of Social Research

Section

Articles

License

Copyright (c) 2024 Niken Budi Setyawati, Boy Nurdin

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This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International.

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