Analisis Hukum terhadap Tindakan Aborsi bagi Korban Perkosaan atau Kekerasan Seksual yang Mengakibatkan Kehamilan (Perspektif Peraturan Pemerintah Nomor 28 Tahun 2024 tentang Peraturan Pelaksanaan Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan)

Abstract

Legal issues regarding abortion for victims of rape or sexual violence resulting in pregnancy need to be discussed further and analyzed considering legal, social, and medical aspects. The government needs to ensure that the provisions stipulated in Government Regulation Number 28 of 2024 concerning the Implementing Regulations of Law Number 17 of 2023 concerning Health are implemented fairly and transparently, and involve all relevant parties in providing protection to pregnant women who are victims of rape. The problems in this thesis are the regulation of criminal acts of abortion, rape, and sexual violence and abortion acts in positive law in Indonesia, how the pros and cons arise in society over the legality of abortion for victims of rape or sexual violence resulting in pregnancy in Indonesia, and how urgent the birth of Government Regulation Number 28 of 2024 concerning the Implementing Regulations of Law Number 17 of 2023 concerning Health is towards the legality of abortion for victims of rape or sexual violence resulting in pregnancy in Indonesia. The research method used is the normative legal research method which is carried out by examining library materials. The type of data used is Secondary Data with primary legal materials, secondary legal materials, tertiary legal materials. The data collection techniques used are literature studies and document studies. The data analysis used is qualitative data analysis. The regulation of Abortion, Rape, and Sexual Violence Crimes is regulated in the Criminal Code, the Law on Sexual Violence Crimes, and the Health Law, the legality of abortion for victims of rape or sexual violence resulting in pregnancy allows abortion or is indicated as a medical emergency based on the Health Law, with the provision that abortion for rape victims can only be carried out based on PP No. 28 of 2024 concerning Implementing Regulations of Law No. 17 of 2023 concerning Health. The differences in views of the pro and contra groups involve moral, religious, and ethical aspects. The pro-abortion group supports the authority and freedom of rape victims to determine the fate of their pregnancy in order to protect human rights and the physical and psychological safety of the victim, while the opposing group prefers to protect the right to life of the fetus, even though the pregnancy occurs as a result of a criminal act. The urgency of the birth of PP No. 28 of 2024 concerning the Implementing Regulations of Law No. 17 of 2023 concerning Health, namely to provide certainty of procedures and legal protection regarding the legality of abortions that occur due to rape or sexual violence due to the rampant illegal abortions in society