PERLINDUNGAN HUKUM ATAS ANAK DIBAWAH UMUR YANG MELAKUKAN TINDAK PIDANA ABORSI AKIBAT KORBAN PEMERKOSAAN
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Institusion
Universitas Pembangunan Nasional Veteran Jakarta
Author
Raka Pratika Ramadhan, .
Subject
K Law (General)
Datestamp
2021-12-21 07:38:13
Abstract :
Abortion is an act that is prohibited because the act has eliminated a person's right to life which has been regulated in the law from the time he was in the womb. The prohibition of abortion has also been stated in Law No. 36 of 2009 concerning Health, although there are exceptions, including for rape victims. However, in some cases currently the perpetrators of the crime of abortion are not only adults, but children who are still underage also become perpetrators of the crime of abortion. Children who become perpetrators of the crime of abortion on average are caused because the child has experienced acts of sexual harassment in the form of rape, both from other people and from within the scope of his own family. Basically, the act of abortion carried out by the child is due to psychological pressure which causes an extraordinary overmacht effect on the child, so that it causes the child to have an abortion. The purpose of this study was to determine the form of legal protection obtained by children as perpetrators of the crime of abortion as a result of rape victims. The method in this research is a normative juridical study, using primary data in the form of laws, secondary data in the form of books, journals or research results, and tertiary data in the form of a legal dictionary or the Big Indonesian Dictionary. The method of collecting data is a literature study by reviewing legislation and examining various theories in books that are considered relevant to the problems discussed.
Abortion is an act that is prohibited because the act has eliminated a person's right to life which has been regulated in the law from the time he was in the womb. The prohibition of abortion has also been stated in Law No. 36 of 2009 concerning Health, although there are exceptions, including for rape victims. However, in some cases currently the perpetrators of the crime of abortion are not only adults, but children who are still underage also become perpetrators of the crime of abortion. Children who become perpetrators of the crime of abortion on average are caused because the child has experienced acts of sexual harassment in the form of rape, both from other people and from within the scope of his own family. Basically, the act of abortion carried out by the child is due to psychological pressure which causes an extraordinary overmacht effect on the child, so that it causes the child to have an abortion. The purpose of this study was to determine the form of legal protection obtained by children as perpetrators of the crime of abortion as a result of rape victims. The method in this research is a normative juridical study, using primary data in the form of laws, secondary data in the form of books, journals or research results, and tertiary data in the form of a legal dictionary or the Big Indonesian Dictionary. The method of collecting data is a literature study by reviewing legislation and examining various theories in books that are considered relevant to the problems discussed.
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