International Journal of Law
International Journal of Law
International Journal of Law
Vol. 6, Issue 1 (2020)

Reconstruction of criminal sanctions in the Indonesian penal code on abortion offender based on justice value


Hanuring Ayu

In Indonesia, although abortion is prohibited, yet there are still many women who have abortions. The Abortion are done whether for a specific medical problem or a non-medical problem. Religious experts consider that whatever the reason, abortion is an act in contrary to religion, because it is eliminating the life of the fetus which means a murder, although there are those who argue that the life of the fet/us did not exist before 90 days. Reflecting on this, the author then discusses it in this article with the main issue of why criminal sanctions applied by judges to abortion offenders in Indonesia have not been based on justice values ​​and how the reconstruction of criminal sanctions in the Penal code against abortion offenders based on the value of justice using Socio-Legal research approach and hermeneutics, which is based on legal norms and the theory of the existing legal enforceability. Thus in the writing of this article researchers used the approach of Socio-Legal. reviewing the juridical law from the standpoint of sociology and Hermeneutics (in everyday terms is defined as the " Interpretation Understanding.Research shows that sanctions criminal who applied by the judge to the perpetrators of acts of criminal abortion in Indonesia is not based on the value of justice as meted out without looking at the background of the rear doing acts of criminal abortion and those who commit acts of criminal abortion is such that all the good actors and helper in abortion. This is regulated in Articles 346, 347, 348 and 349 of the Penal code. Due to the judge not to consider the value of the value that is contained in the Article are and not considering the wisdom of local and international. There must be an assessment to see whether abortions are carried out by the victims of rape are things that can be done if indeed the future of children who are born will bring psychic pressure against the women so the abortion can and can only be done if the act can-not cause harm to the mother wheter emotionally or physically While the fetus that arise due to rape are not guilty and still have the right to live and be protected. Kids that should remain are born, and if it is a child that will remind the mother to the rape of children that can be taken away from the mother so that reconstruction Sanctions Criminal In Indonesian Penal Code Against Perpetrators of Acts of Criminal Abortion Based On Value of Justice, by shifting the value of value, by basing on the wisdom of local and international wisdom. Wisdom value locally among other values of justice, the value of the balance, and the value of protection.
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How to cite this article:
Hanuring Ayu. Reconstruction of criminal sanctions in the Indonesian penal code on abortion offender based on justice value. International Journal of Law, Volume 6, Issue 1, 2020, Pages 113-116
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