PROBLEMATIKA PELAKSANAAN ABORSI BAGI KORBAN PERKOSAAN DALAM UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN

Abstract

Rape is a frightening crime for women because the impact of rape is not only felt when the crime is committed, but also affects the future. One of them is an unwanted pregnancy. For rape victims, the choice of continuing an unwanted pregnancy or having an abortion is an equally difficult choice. Basically, abortion is clearly a prohibited act, both legally, morally, ethically, decently, and religiously. Although prohibited, abortion cases in Indonesia actually show an increase every year. In response to the problem of abortion for victims of rape, the government has given birth to Law Number 36 of 2009 concerning Health. However, since the legal umbrella was born, it has been minimal and in fact there have been almost no rape victims who have used this safe abortion practice as a way to abort their unwanted abortion. This happens because of problems in the field of practice, it is not as easy as the description of the theory set forth in the legislation. While almost every day rape victims continue to fall in all parts of Indonesia. To answer this problem, the author conducts research using normative juridical methods. Thus it is expected to be able to find problems or problems in the implementation of abortion for victims of rape based on Law Number 36 of 2009 concerning Health. The research shows that there are three problems in Law Number 36 Year 2009 regarding Health which makes it difficult for rape victims to obtain safe and legal abortion services. These problems include the maximum obstetrical age of 40 days for abortion for rape victims to be considered too short, the Ministry of Health has never prepared training requirements for medical personnel and counseling training for abortion for rape victims, then health services that meet the conditions set by the Minister is still very limited and cannot be easily accessed in any part of Indonesia. Therefore, the problematic implementation of legal and safe abortion for rape victims found in the Health Act must be immediately corrected, so that rape victims do not return to become victims due to the implementation of unsafe illegal abortion practices.