FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW
Main Article Content
Abstract
Abstract: This paper aims to describe the rules regarding abortion of victims of rape in the positive law and law that may apply within the future. Based on the results of the discussion, it can be concluded that abortion of victims of rape in the positive law isn’t prohibited and the offenders are not sentenced as stated in Law no. 36 of 2009 and the Law of Child Protection. This also applies to a woman who has an abortion for her pregnancy as a result of rape. In the future law, abortion of victims of rape is also not prohibited, but can only be performed by a doctor. The Draft Criminal Code doesn’t stipulate that abortion can also be performed by rape victims themselves. Even so, the rules contained in the Draft Criminal Code still cannot be applied to rape victims who have had an abortion for their pregnancy because positive laws (especially Law No. 36 of 2009 and the Law of Child Protection) have not been revoked by the Draft Criminal Code. In this context, the principle of “lex specialist derogat lex generalist” applies, namely Law no. 36 of 2009 and the Law of Child Protection as laws that are specific override general laws. For the sake of legal certainty, the Draft Criminal Code should confirm prohibited and non-prohibited abortion. The future law needs to be synchronized or harmonized with the positive law. If it’s not prohibited, the granting of permission to abortion for victims of rape should be given strictly so, it’s not abused.
Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future Law
Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future Law
Article Details
How to Cite
Ramiyanto, R. (2020). FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW. Nurani: Jurnal Kajian syari’ah Dan Masyarakat, 20(2), 219-232. https://doi.org/10.19109/nurani.v20i2.6484
Section
Artikel
Nurani by http://jurnal.radenfatah.ac.id/index.php/Nurani is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
How to Cite
Ramiyanto, R. (2020). FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW. Nurani: Jurnal Kajian syari’ah Dan Masyarakat, 20(2), 219-232. https://doi.org/10.19109/nurani.v20i2.6484