Criminal action of abortion rape health perspective legal and Islamic law

Miftahul Utami
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Abstract

This study aims to find out the provisions and what abortion as a result of rape is like in 3 aspects, namely Health, Law and Islamic law. The results of the study show that abortion due to rape in terms of health, the law and Islamic law both allow abortion to be carried out due to the health condition of the prospective mother which can be disrupted, such as psychological and physical injuries experienced by the victim. 61 of 2014 Concerning Reproductive Health However, by looking at his condition, that the defendant was a child victim of rape and made considerations in the Law on the Legality of Rape Abortion, then in Decision No. 5/PID.SusAnak/2018/Pn MBN the defendant was found guilty. However, by looking at the conditions that the defendant is a child victim of rape and made considerations for the Law on the legality of rape abortion, then in Decision No. 6/Pid.Sus-Children/2018/Pt and enact Law No. 36 of 2009 concerning Health, PP no. 61 of 2014 concerning Reproductive Health and the MUI Fatwa as the basis for the law on the legality of rape abortion, it is hoped that it can be enforced in the fairest way possible for rape victims who have abortions as relief for the losses that have been experienced by rape women. However, abortion also cannot be done carelessly because the right of the fetus to live is protected by Article 23 of 2009 concerning Child Protection. Cases of abortion rape have occurred in Indonesia, one of which is a 15-year-old boy who was charged with having an abortion as a result of rape by his older sibling.
堕胎强奸的刑事诉讼健康视角的法律与伊斯兰教法
本研究旨在从卫生、法律和伊斯兰教法三个方面了解强奸导致的堕胎的规定和情况。研究结果表明,就健康而言,法律和伊斯兰法律都允许因准母亲的健康状况而堕胎,这种健康状况可能受到破坏,例如受害者遭受的心理和身体伤害。然而,考虑到他的情况,被告是一名强奸的儿童受害者,并在《强奸堕胎合法性法》中作出了考虑,然后在第5/PID号决定中作出了考虑。被告被判有罪。但是,考虑到被告是强奸的儿童受害者的条件,并考虑到关于强奸堕胎的合法性的法律,然后在第6/Pid号决定中。su - children /2018/Pt,并颁布2009年第36号关于健康的法律,PP号。关于生殖健康和MUI法特瓦的2014年第61号法令作为强奸堕胎合法性法律的基础,希望能够以尽可能公平的方式对堕胎的强奸受害者执行,以减轻强奸妇女所遭受的损失。但是,堕胎也不能随意进行,因为胎儿的生存权受到2009年《儿童保护法》第23条的保护。印度尼西亚发生了堕胎强奸案,其中一名15岁的男孩被指控因被其哥哥强奸而堕胎。
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