Exceptional Provisions Regarding Abortion Provocatus for Unwanted Pregnancy According to Positive Law

Abstract

Abortion, or what is better known as abortion, is still a taboo matter in Indonesia. This is a scientific term relating to the act of aborting a pregnancy. Abortion itself is not always negative, because there are two major divisions regarding abortion. Spontaneous and intentional abortion. Intentionally differentiated according to medical emergency indications and criminal indications. So, the negative stigma towards abortion must also be differentiated and not let it become an endless debate. What has become a debate that has become the issue studied in this research is the concept of abortion, with several types of abortion and whether abortion is prohibited without any exceptions or whether there are exceptional provisions regarding the prohibition of abortion in Indonesian positive law. With the various dynamics that exist, there are several positive laws that govern. These include the Criminal Code and the Health Law, including the New Criminal Code. The Criminal Code prohibits without exception, while the Health Law provides exceptions. The problem is how to legally apply the differences in these provisions. This problem was studied through normative research methods with a statutory approach and a conceptual approach to get a clear answer to the problem and based on this, the results were found that not all abortions are criminal acts, but only abortions with criminal indication or abortion provocatus criminalis which can be punished except victims of rape or abortion due to unwanted pregnancy.