ANALISIS YURIDIS KEADAAN YANG MEMBERATKAN TERDAKWA PENGEDAR OBAT ABORSI SECARA ONLINE

Abstract

The rise of online abortion drug dealers today is troubling the public because of their wide
circulation due to the ease of creating websites or online advertisements. The abortion drugs are
Cytotec and Gastrul, hard drugs on the G list (gevaarlijk) which contain misoprostol. The person
distributing the drug should have the expertise and permit and those who obtain and use it must
have a doctor's prescription. Misoprostol is a drug for treating ulcers and unusual stomach ulcers
as well as other diseases, but it is often misused for abortion which can cause various health hazards
to cause death to pregnant women and the fetus. In relation to law enforcement through court
decisions, considerations of aggravating and mitigating circumstances must be included in the
sentencing decision as referred to in Article 197 paragraph (1) letter F of the Criminal Procedure
Code (KUHAP) for the accused before the judge renders a sentencing decision. This consideration
must be clear and careful because it can affect the proportionality of the severity of the sentence.
However, juridically there is no definition and assessment of this situation, even if one looks back
on the objectives and guidelines for sentencing. In every consideration of the aggravating
circumstances of the accused, online abortion drug dealers have differences in terms of endangering
health and disturbing the public. Therefore, the purpose of this thesis research is first, what is the
ideal consideration of the aggravating circumstances of the online abortion drug dealer and how
does the inaccurate consideration of the aggravating and mitigating circumstances affect the
defendant in the sentencing decision.
This type of research is normative juridical or literature study on secondary data, with a case
approach, using qualitative analysis methods, then the authors draw conclusions deductively.
From the results of the research problem there are two main things that can be concluded.
First, considering the aggravating circumstances of defendants who sell abortion drugs online, they
should consider that the actions of each defendant endanger the health of others and disturb the
community. Second, inaccurate consideration of the circumstances and aggravating the defendant
can affect the proportionality of the severity of the sentence. The author's suggestion in this research
is first that judges who try and decide criminal cases are always more careful and thorough in
assessing the aggravating and mitigating circumstances of the defendant before imposing a
sentencing decision. Second, it is hoped that inaccurate considerations of aggravating and
mitigating circumstances in the future can be minimized by looking at the two conditions in a
balanced and intact manner.
Keywords: Dealer-Abortion Drug-Misoprostol-Aggravating and Mitigating Circumstance