Analisis Yuridis Tindakan Aborsi Dalam Perspektif Hak Asasi Manusia (HAM) di Indonesia

Syahbana Putra, Achmad and ., Suharno and Ayu, Hanuring (2022) Analisis Yuridis Tindakan Aborsi Dalam Perspektif Hak Asasi Manusia (HAM) di Indonesia. Jurnal Serambi Hukum, 15 (2). pp. 10-18. ISSN 2549-5275

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Abstract

The purpose of this study is to find out the arrangements for abortion according to the laws and regulations in Indonesia and also to find out the act of abortion from the perspective of human rights (HAM) in Indonesia. This study uses a normative juridical approach and a literature approach. Obtaining secondary data and primary data is used as a data collection method and the results of the analysis use a qualitative analysis approach. This study found that the act of abortion according to the Criminal Code is categorized as a criminal act or abortion provocatus criminal. The provisions of the Criminal Code governing criminal abortion provocatus are contained in article 346, article 348, and article 349 then also according to a human rights perspective in Pancasila it has been clearly stated based on the second precept, namely just and civilized humanity, recognizing and treating humans according to their dignity. The second precepts in Pancasila are proof that the act of abortion has violated Pancasila. The results of this study can be concluded, abortion in the legal concept is related to moral values which make abortion not only contrary to the positive law of the country, but also contrary to ethical and moral values. Legalizing abortion means separating law and morals. Therefore, even though abortion is permitted from a medical point of view with certain conditions, abortion is not justified in the 1945 Constitution article 28A and Law Number 39 of 1999 concerning Human Rights.

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