STUDI KOMPARATIF HUKUM TERHADAP LEGALISASI ABORSI KORBAN PERKOSAAN DI NEGARA ASEAN

Abstract

The problem of abortion is currently an issue that still has various different views, especially for Abortus Provocatus. In the case of abortions against rape victims, abortion perpetrators are seen more as perpetrators of crimes than as victims. The law on abortions carried out by rape victims is felt to not protect the interests of the victims. The legal rules governing abortion vary between countries, so they do not guarantee legal certainty for abortion perpetrators as a result of rape victims. The formulation of the research problem is: 1) What is the legality of abortion for rape victims in the laws and regulations in ASEAN countries? 2) What is the sanction system for criminal abortion in ASEAN countries? This type of research is normative juridical. The data used is secondary data, consisting of primary legal material, secondary legal material and tertiary legal material, then the data is analyzed deductively qualitatively. The research results show: 1) Lack of legal regulations governing abortion of rape victims in ASEAN countries. 2) The sanctions systems for criminal abortion in ASEAN countries are different, resulting in differences in the application of the law to abortion by rape victims.