TINJAUAN YURIDIS LEGALITAS ABORSI BAGI KORBAN TINDAK PIDANA PEMERKOSAAN

Abortion due to rape in Indonesian positive law is allowed if the victim becomes pregnant as a result of the act of rape. However, the requirement in the form of an age limit for having an abortion, which is 6 weeks (40 days) for rape victims, is considered insufficient due to the condition of severe depression which often makes the victim unaware of the pregnancy she is experiencing as a result of the crime of rape. As for the main problem, how is the legality of the age limit for abortion for victims of rape and how is the legal protection for women who are victims of rape if they have passed the age limit for abortion. The method used in writing this thesis is a normative legal method with an approach to legislation and article analysis. The technique of collecting legal materials is using library research. Then the results of this study can be concluded that abortion is prohibited in the Criminal Code, but at the level that the state must protect women's rights, one of which is reproductive rights, abortion is permitted for 2 (two) things, namely for medical emergency indications and pregnancy due to rape. Before carrying out an abortion, one must first fulfill several conditions for an abortion in accordance with the provisions of Article 76 of Law No. 36 of 2009 concerning Health. The suggestion in this study is that there is a need for renewal regarding the age limit for abortion which was previously 6 weeks (40 days) changed to 3 months considering that the victim was traumatized by the rape incident which caused an unwanted pregnancy (KTD).