DIALECTIC OF THE MEANING OF ABORTUS PROVOCATEUR ON THE CRIME OF RAPE VICTIMS

Abstract

The legalization of abortion for rape victims creates a dialectic in substance as well as the application of the theories and principles that surround it. The author tries to see the meaning from two different sides, namely from the interests of protecting rape victims and the interests of the children conceived by rape victims. The method used by the author is a normative juridical approach. The meaning contained in abortion provocatus from the point of view of a rape victim is actually a protection for the victim. This protection is certainly protection from the effects or impacts of the actions of the perpetrators of rape. Meanwhile, the meaning contained in abortion provocatus from the point of view of Human Rights (HAM) clearly leads to the fulfillment of the right to life of the fetus mentioned in the previous description, which is called a child who is still in the womb. the author provides suggestions as solutions to problems that may arise, including: (1) the need for synchronization and harmonization of existing regulations, in this case between regulations on health and regulations on human rights; (2) legislators must prioritize higher interests in the event of a similar situation. The human rights interests of children who are in the womb according to the author must be prioritized.