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(1) Nurhayati, (2) Andi Muhammad Sofyan, (3) Slamet Sampurno, (4) Syamsuddin Muchtar

Faculty of Law Hasanuddin University


In Indonesia, abortion is a very worrying phenomenon. The debate over whether or not abortion may be carried out is also still an actual topic related to the assumption whether or not the fetus may be aborted for certain reasons and whether abortion violates human rights or not. This research aims to determine the legality of abortion for pregnancy due to rape if confronted with the right of life of the fetus in the womb of the mother in the perspective of human rights. In this case, abortion is a form of conduct classified as a crime in the Criminal Code, so that abortion is threatened with criminal, on the other hand there are exceptions in Law No. 36/2009 which legalizes abortion, especially if the abortion was carried out due to medical emergencies or pregnancy due to rape. The method used in this research is normative juridical through the concept approach and legislation approach. From the results of this study it can be concluded that abortion of pregnancy due to rape in the view of human rights cannot be justified because the right of life of the fetus is a natural right that must be protected. The legality of abortion in Article 75 paragraph 1b of Law Number 36 of 1999 concerning Health which gives space to be allowed to have an abortion on the grounds that pregnancy due to rape should be rethought, because legalizing to eliminate the life of a fetus is the same as legalizing murder.

Keywords: abortion, Rape, human rights

Topic: Human Rights


Conference: The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Plain Format | Corresponding Author (Nurhayati Nurhayati)

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