TINJAUAN YURIDIS KEBIJAKAN ABORSI LEGAL BAGI KORBAN TINDAK PIDANA PERKOSAAN DI INDONESIA

Abortion for victims of rape is often a topic full of dilemmas because it is not clear in its arrangement so that pregnant women who are victims of rape still have difficulty obtaining safe abortion services. This study discusses how to arrange abortion for rape victims, abortion procedures for rape victims, and problems in carrying out abortion for rape victims in Indonesia. The type of research used is normative juridical with the technique of collecting legal materials through literature studies. This study produced several discussion points. First, the crime of abortion is regulated in the Criminal Code. However, there are exceptions to the permissibility of abortion, namely if there is an indication of a medical emergency and by the victim of pregnancy due to rape is regulated in the Health Law along with its implementing regulations and the Regulation of the Minister of Health. Second, when talking about procedures, the implementation of abortion for rape victims requires a certificate from a doctor on the gestational age and a certificate from the investigator regarding the alleged rape. Third, in the arrangement of abortion for rape victims, there is a disharmony between Government Regulations and Minister of Health Regulations. The Ministry of Health has also not appointed an Advanced Health Facility that can provide safe abortion services. Furthermore, not all medical personnel and health workers at advanced health facilities receive training to provide abortion services for rape victims so that victims still have difficulty accessing legal abortions. In this study, the author provides several things that can be suggested, namely the need for clear arrangements related to abortion for rape victims in order to provide legal protection and certainty not only for the victim, but also for other parties involved such as medical personnel and health workers. It is necessary to reform abortion regulations which in the future can be implemented effectively in real life.