Cepalo (Nov 2022)

DIALECTIC REGARDINGTHEMEANING OF ABORTUS PROVOCATEURON THE CRIMEOF RAPE VICTIMS

  • Ndaru Satrio,
  • Wiend Sakti Myharto,
  • Muhammad Syaiful Anwar

DOI
https://doi.org/10.25041/cepalo.v6no2.2590
Journal volume & issue
Vol. 6, no. 2
pp. 117 – 128

Abstract

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The legalization of abortion for rape victims introduces a nuanced discourse encompassing both its substance and application within prevailing ethical and legal frameworks. This research examines this issue from two divergent perspectives: the imperative of safeguarding the rights of rape victims and the ethical considerations surrounding the unborn children conceived through such acts. Employing a normative juridical approach, the author delves into the complexities of abortus provocatus, probing its implications from both angles. From the standpoint of the rape victim, abortus provocatus assumes a pivotal role in shielding them from the traumatic repercussions of the assault. It serves as a crucial mechanism for mitigating the enduring effects of the perpetrator's actions. Conversely, viewed through the lens of Human Rights (HAM), abortus provocatus implicates the fundamental right to life of the fetus, herein referred to as the unborn child. This juxtaposition underscores the intricate ethical dilemmas inherent in addressing the competing rights and interests at play. The author offers pragmatic solutions to potential challenges that may arise. Firstly, there is a pressing need for the harmonization and synchronization of existing regulations, particularly between laws governing healthcare and those upholding human rights. Secondly, legislators are urged to prioritize the paramount interests at stake in such circumstances. The author advocates for prioritizing the human rights of unborn children within the womb. In conclusion, the discourse surrounding the legalization of abortion for rape victims necessitates a nuanced consideration of competing rights and ethical imperatives. By navigating these complexities with a balanced approach, policymakers can strive towards a framework that upholds both the rights of victims and the ethical principles governing the sanctity of life.

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