RECONSTRUCTION OF THE ABORTION REGULATION IN INDONESIAN HEALTH LAW SYSTEM
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Authors: Arrie Budhiartie
Keywords: abortion, crime, incest, law
Abstract: In principle abortion is a crime, but under certain conditions it can be carried out with the legal justification. In fact, there is still a legal vacuum in dealing with an act of abortion related in cases of incest based on misinterpretation to values of freedom and moral degradation. Such conditions eventually lead to pregnancy and force an act of abortion. This abortion carried out on the basis of incest provides different views and interpretations of the law from the law enforcement officers itself. One of the cases that occurred in the jurisdiction of Jambi Province has described how the law on abortion does not yet have a single unity of opinion, specifically related to the problem of abortion due to incest. Scientific studies are needed to explore ethical values that will provide the ability and prohibition of the acts of abortion due to incest. The research approach is carried out by means of a legislative approach, and a conceptual approach. Analysis of legal materials will be done deductively-qualitatively.The results showed that the revision of the regulations was needed to provide legal protection for victims of incest sexual violence, specially making reconstruction of the formulation of legal norms on the definition of rape and rape victims as a justification for abortion, so that victims as well as abortion offender will not be criminalized.