Analisis Pemidanaan Bagi Para Pelaku Aborsi korban Pemerkosaan(Studi Perbandingan Antara Hukum Pidana Indonesia dan Fiqh Jinayat)

Khalid, Afif (2009) Analisis Pemidanaan Bagi Para Pelaku Aborsi korban Pemerkosaan(Studi Perbandingan Antara Hukum Pidana Indonesia dan Fiqh Jinayat). Other thesis, University of Muhammadiyah Malang.

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Analisis_Pemidanaan_Bagi_Para_Pelaku_Aborsi_korbanPemerkosaan%28Studi_Perbandingan_Antara_Hukum_Pidana_Indonesia_dan_Fiqh_Jinayat%29.pdf - Published Version

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Abstract

Basically, abortion something prohibited both in Indonesian Criminal Law in Fiqh Jinayat. But then, abortion is a very complex matter, which cannot be seen from perspective only. Therefore, it is necessary to do deep review in relation to abortion law, especially abortion with strong reasons, such as abortion for medical reason and abortion caused by violation.In violation, there are various conditions such as: physical wound, stress or trauma, and various psychosocial conditions. Rule in criminal law prohibits any abortion forms, because Criminal Code emphasizes abortion on criminality aspect only. So, there is need of law consideration on abortion subject of violation victim, because law is made to protect and to give justice for all walks of live. As mentioned in theory that law has dynamical quality according to its situation and condition. According to Islamic law, abortion law is substantially prohibited thing, but then if the condition is forcing, hence it is permitted. General purpose of Islamic Syari ah is a rahmatan lil alamin. So that Islam gives priority to maslahat both on society and individu. In Islamic Fiqh, there are some opinions in associated with law of abortion as the violation result, either are some opinions in contemporary Clergies. Amongst the syari at objectives (maqhosid Syari ah) is to keep religion, mind, soul, properties, and descents. Discern pregnancy case of violation victim, there are some elements, which can be tolerated in Islamic law (Fiqh Jinayat). Firstly, the existence of mind keeping element, because there is the victim is getting pregnant, it can become a complex matter. Secondly, the existence of descent maintenance, because it may be the repist is more than one person, so that there is no any explanation for it. Furthermore, if the victim is an innocent and pure Moslem women, indeed it does not correspond to the sinner descent. Even, in Moslem minority countries, repists are non-Moslem. Thus, abortion cannot be seen from one perspective only because it needs deep understanding and law consideration that really appropriate and particularly protecting women reproduction right.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anwar Jasin
Date Deposited: 21 Jun 2012 02:55
Last Modified: 21 Jun 2012 02:55
URI: http://eprints.umm.ac.id/id/eprint/8828

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