Tindak Pidana Pengguguran Kandungan Oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia

Abstract

Abortion is a very contradictory problem, of course there are also those who support and those who oppose abortion, which often affects women who experience pregnancy as a result of rape, because women who are aborted who abort abortion also need attention to their psychological condition that is traumatized regarding events that have happened to him. As for the problems faced, namely: Protection in the Criminal Code against victims of rape who had an abortion? And How does the crime of miscarriage by the victim due to rape in the renewal of the Criminal Law Act? The type of research used is normative research and conceptual approach. Where in the results of this study it can be seen that the legal protection of rape victims who have aborted content in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women who are victims of rape who have had an abortion which can cause psychological trauma whose arrangements are set out in law no. 36 of 2009 Article 75 paragraph (2). In the Renewal of Criminal Law Regulations on abortion are regulated in the Criminal Code 2019 of Chapter XXI included in the Criminal Acts against Lives Part Two concerning Abortion of Article 470 to Article 472 RUUKUHP 2019.