PERBANDINGAN PENGATURAN HUKUM MENGENAI TINDAKAN ABORSI MENURUT UNDANG-UNDANG KESEHATAN DAN KUHP NASIONAL

Abstract

The act of abortion is one of one of the criminal offenses regulated in various laws and regulations in Indonesia. Indonesia, one of which is Law No. 36 Year 2009 on Health, or Health Law for short. In addition to the Health Law Health Law, the regulation is also found in Law Number 1 Year 2023 on the Criminal Code or known as the National Criminal Code. National Criminal Code. This study aims to determine the differences in regulation related to abortion against rape victims according to the Health Law and the National Criminal Code. National Criminal Code. The type of research used in this research is normative legal research. normative law. The approach used in this writing is a statutory approach and a comparative approach. approach and comparative approach. The results of this research show that there are some similarities and differences regarding the legal regulation of abortion, especially against rape victims. abortion, especially against victims of rape. The act of abortion in the Health Act is regulated in Articles 75, 76, 77 and 194 with a maximum imprisonment of 10 years and a maximum fine of Rp. 1,000,000,000. maximum of Rp. 1,000,000,000,- (one billion rupiah), while abortion in the National Criminal Code is regulated in articles 463, 464 and 465 with the threat of criminal sanction imprisonment of 4 (four) years.

Keywords

• Abortion
• Rape
• Criminal