PERLINDUNGAN HUKUM ABORSI TERHADAP KORBAN PEMERKOSAAN

Abstrak

Women as victims of rape suffer so many losses including psychological, physical, economic and sexual. Psychically this impact pressures victims for their unpreparedness in accepting all the reality must experience pregnancy. Often victims of rape undergo abortion or abortion of the fetus intentionally. Law No.39 of 2009 concerning Health which prohibits abortion, but specifically excludes rape victims on the condition that media emergencies are detected since early pregnancy, both of which threaten fetal and maternal lives. The legal research method used is normative legal research. , Legal material used is the primary legal material from legislation and secondary legal material. The method of juridical approach used is a juridical approach is an approach that uses rules and legislation relating to the problem under study. The concluded research is the existence of community groups who oppose abortion to rape victims is also considered to be in conflict with Article 49 paragraph 3 of Law No. 39 of 1999 concerning Human Rights, which states that every woman has the right to obtain legal protection relating to her reproductive function, and Providing legal protection to rape victims who have abortions in accordance with the Health Act and Government Regulations.

Keywords: Women, Rape Victims, Abortion, Legal Protection