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VOL. 11, ISSUE 5 (2025)
Criminal legal protection for pregnant women from a human rights perspective
Authors
Yunandar A Supu, Fenty U Puluhulawa, Fence M Wantu
Abstract
This research seeks to examine the application
of criminal culpability for pregnant women within the Indonesian criminal
justice system, focusing on human rights protection. This research highlights
two primary issues: the lack of defined regulations governing the handling of
pregnant women as offenders and the variability in law enforcement procedures
concerning this vulnerable demographic. The used methodology is doctrinal legal
research, using a statute, case, analytical, and comparative legal approach.
Data were acquired from primary and secondary legal sources that were subjected
to qualitative analysis. The study's findings reveal that the Indonesian
criminal law system lacks a comprehensive and human rights-oriented framework
for addressing the circumstances of pregnant women implicated in criminal
cases. The new Criminal Code (Law No. 1 of 2023) allows for the consideration
of the perpetrator's circumstances; nonetheless, its application in practice
remains contingent upon the judgment of law enforcement officials, without
explicit technical requirements. Consequently, legal reform is essential via
the establishment of specialized rules, the promulgation of sentencing
guidelines, and the enhancement of the substantive justice approach to provide
equitable and humane protection for pregnant women and their fetuses.
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Pages:46-50
How to cite this article:
Yunandar A Supu, Fenty U Puluhulawa, Fence M Wantu "Criminal legal protection for pregnant women from a human rights perspective". International Journal of Law, Vol 11, Issue 5, 2025, Pages 46-50
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