LEGALISASI KEBIJAKAN ABORSI DIATAS 40 HARI SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN PERKOSAAN

Abstract

The act of abortion in the criminal law system in Indonesia is something that is
prohibited from being carried out, but this provision can be waived by the provision of
exceptions to the prohibition of abortion for pregnancies resulting from rape and indications
of medical emergencies stipulated in the latest Criminal Code, Republic of Indonesia Law
Number 36 of 2009 concerning Health, and Government Regulation Number 61 of 2014
concerning Reproductive Health. However, in reality, one of the factors hindering the
implementation of the legalization of abortion for rape victims is the 40-day (6 week) time limit
which is considered too short to qualify for abortion for rape victims. Therefore, the purpose
of this study is to find out the urgency of changes regarding the time limit above 40 days for
abortions for rape victims and to formulate arrangements for the legalization of abortions for
rape victims in the future.
This type of research can be classified into normative legal research using secondary
data, carried out by making library materials the main focus based on library research by
examining and citing reference books related to the problem to be studied. For this research,
the data source is secondary data consisting of primary legal materials, secondary legal
materials and tertiary legal materials. In addition, this research uses qualitative data analysis
and produces descriptive data using deductive thinking methods.
From the research results, there are two main points that can be concluded, first, the
urgency to make changes regarding the time limit above 40 days to have an abortion for rape
victims, namely because the time limit given is relatively short, so it is difficult for rape victims
to fulfill these requirements because the victim suffers physical and psychological harm, then
the process of investigation and proof takes time, not to mention that it will create new
problems in the future, and more rape victims are unable to have legal abortions and have the
opportunity to be criminalized. Second, regarding arrangements for the legalization of
abortion for rape victims in the future, changes need to be made, because the current
regulations cannot fully accommodate the existing problems, because the existence of a time
limit will only make it difficult for rape victims and does not provide a way out.
Therefore, the time limit for abortion is considered ineffective if it is still enforced as a
condition for abortion. The author's suggestions are first, to provide legal protection for rape
victims who wish to have abortions past the time limit so that victims avoid criminal charges.
Second, eliminating the existing time limit and equating the time limit for abortion due to
medical emergency indications with the time limit for abortion due to rape, that is, both are
not given a time limit
Keywords: Time Limit-Abortion-Rape Victims