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Comparative Analysis of Abortion Arrangement on the Draft Criminal Code (Ruu Kuhp) and Law of the Republic of Indonesia Number 36 of 2009 Concerning Health
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| Author:
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MUHAMMAD DZIKIRULLAH H. NOHO, BUDI SANTOSO, PARAMITA PRANANINGTYAS, ROFI WAHANISA
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| Abstract:
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Abortion, as a deliberate act to abort a fetus in the country itself, has long been a very controversial issue. Judging from the law in Indonesia, we can see the problem of abortion in several regulations, namely the Criminal Code (KUHP), the Draft Criminal Code (RUU KUHP), the Republic of Indonesia Law Number 36 of 2009 concerning Health, and Government Regulation no. 61 of 2014. the research method used is juridical normative with an approach carried out by first examining the principles and laws and regulations. The results of this study found that the difference in terms of birth/philosophy: Law of the Republic of Indonesia Number 36 of 2009 concerning Health by prioritizing health clearly actually prohibits the practice of abortion. Criminal: Law of the Republic of Indonesia Number 36 of 2009 concerning Health provides for crimes based on Article 194. Meanwhile, RUU KUHP Bill provides for crimes based on Article 469, Article 470, Article 471. Legal subject: Law of the Republic of Indonesia Number 36 of 2009 Regarding Health and the Draft Criminal Code regulates the legal subject, namely "everyone."
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| Keyword:
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Abortion, The Draft Criminal Code (RUU KUHP), Health.
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| EOI:
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| DOI:
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https://doi.org/10.31838/ijpr/2021.13.01.657
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| Download:
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Request For Article
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