PENERAPAN PIDANA TERHADAP TINDAK PIDANA ABORSI YANG DILAKUKAN OLEH TENAGA KESEHATAN (DOKTER) (STUDI PUTUSAN NOMOR 567/PID.SUS/2016/PN.JKT.PST)

Abstract

Abortion is an act to end a pregnancy to remove the products of conception before the fetus can live outside the womb is prohibited in Indonesia. Regulated in Article 194 of the Law of the Republic of Indonesia Number 36 of 2009 concerning Health. The application of the crime was applied to the defendant MN being imprisoned for 5 years in prison and a fine of Rp. 750,000,000 if the fine was not paid, a prison sentence of 2 (two) months would be replaced. The decision made by the judge takes into account the juridical considerations of the prosecutor who has legally proven his indictment for non-juridical considerations. Firmer sanctions against perpetrators of abortion crimes because the defendant is only a general practitioner, not an obstetrician, the defendant does not have a certificate/permit to practice.