ANALISIS YURIDIS PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH SEORANG DOKTER DITINJAU DARI UU KESEHATAN

Abstract

Abortion, which we often know as the act of an abortion, in Law Number 36 of 2009 concerning Health, abortion can be excluded in an emergency as an effort to save pregnant women and/or their fetuses. There are two types of abortion, namely spontaneous abortion (spontaneous abortion) and intentional abortion (Provocatus abortion). Abortion Provocatus Terapeuticus termination or expulsion of the pregnancy products from the uterus prematurely. Abortions that occur due to human actions can occur either due to professional medical reasons, for example, a pregnant woman suffers from an illness and to save the woman's life, the pregnancy must be aborted. Furthermore, abortion provocatus criminalis, namely abortion that occurs due to actions that are not illegal or not based on medical indications and are usually carried out secretly by uneducated personnel. The problem of this research is how is the judge's consideration in deciding an abortion case carried out by a doctor in accordance with the facts at trial based on Decision Number 1106/Pid.Sus/2018/PN.Plg. And how is the application of the law for perpetrators of the crime of abortion carried out by a doctor based on Decision Number 1106/Pid.Sus/2018/PN.Plg. This type of research is normative juridical because this research refers to the legal norms contained in legislation and court decisions as well as legal norms that exist in society. answer scientifically. The theoretical basis refers to the theory of legal certainty and justice and the applicable rules. The legal protection in this case is a benchmark in the judge's consideration to be careful in deciding a case so that it can deter perpetrators of the crime of abortion. The suggestion is that in deciding and implementing sanctions against the perpetrators of the crime of abortion in this case, the Majlis Hakim should be more careful in deciding a case.