Legalitas Aborsi Bagi Korban Perkosaan (Tinjauan Menurut Hukum Positif dan Hukum Islam)

Abstract

Rape is not only a form of sexual violence that violates human rights but it is also an act that demeans the dignity of the women. The formulation of this research is: how to review criminal law and Islamic law regarding the legality of abortion for rape victims. This is a normative legal research that uses statutory and conceptual approaches. The results of this study conclude that the legality of abortion in Indonesian criminal law as stipulated in the Health Law and Government Regulations on Reproduction Health is in line with Islamic law. Maintaining the physical and psychological health of pregnant women is a rational consideration. However, justifying something that is unlawful due to certain circumstances and causes does not cause something to change its law to become halal. The permissibility of an action that is prohibited by legal norms with certain terms and conditions does not mean that the prohibited norm is principally and fundamentally not valid. Therefore, the basic substance related to the limits on the permissibility of abortion for certain reasons must be actively educated to the public so that it is known that the permissibility of abortion remains within the applicable legal provisions, both criminal law and Islamic law.