ANALISIS YURIDIS TENTANG PENERAPAN HUKUM DAN PENETAPAN BARANG BUKTI DALAM TINDAK PIDANA ABORSI (STUDI PUTUSAN NOMOR 1979/PID.SUS/2019/PN.SBY) DAN (STUDI PUTUSAN NOMOR 1975/PID.SUS/2019/PN SBY)

Abstract

Abortion is basically a living phenomenon in Indonesian society. Abortion can be said to be a "hidden" phenomenon because the practice of abortion often does not appear on the surface, and even tends to be covered up by perpetrators or society, even the state. The researcher aims to find out how the law is applied to the perpetrators of the crime of abortion and evidence in the crime of abortion Decision Number 1979/PID.SUS/2019/PN.SBY and Decision Number 1975/PID.SUS/2019/PN SBY based on the facts from the results the author's analysis, which was revealed in court that the Defendants had fulfilled the elements referred to in Article 194 of the Law of the Republic of Indonesia Number 36 of 2009 Concerning Health. With the Defendants deliberately having an abortion, opening an abortion service illegally, and according to the author, the punishment given by the judge to the defendants should have been more severe and could still add to the criminal threat related to human rights where every living being, even though it is still in the womb already protected by law. Using normative juridical, the nature of research that can be used is descriptive analysis research is research that clearly describes or describes the object of research where the results are analyzed and adjusted to the problem. And the Defendants were sentenced under Article 194 of the Law of the Republic of Indonesia Number 36 of 2009 Concerning Health. Everyone who intentionally has an abortion not in accordance with the provisions referred to in Article 75 paragraph (2) shall be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 1,000,000,000.00,- (one billion).