Legal Reconstruction Regulation of Abortion Crime Based on Gender Justice Against Victims of Sexual Violence

Abstract

The condition of victims of sexual violence has rights that are regulated in law, but its implementation actually has a new impact, namely the criminalization of safe abortions. This has the impact and side effects of carrying out abortions in secret, secretly and causing losses for victims of sexual violence, and in the end, if their actions are discovered, they will become suspects. This research is a normative juridical research using statutory approach (statute approach), conceptual approach (conceptual approach), and comparative approach (comparative approach ). The results of this study indicate that 1) the urgency of regulating gender-equity-based abortion crimes against victims of sexual violence due to the limited legality of abortion in Indonesia has led to the rise of abortion provocatus criminalis or the practice of illegal abortions by women who experience unwanted pregnancies (KTD); 2) Legal Reconstruction of Abortion Crime Based on Gender Equity Against Victims of Sexual Violence is aimed at providing legal certainty for women in taking choice as a result of rape, extending the limitation on the maximum gestational age requirement for abortion, from a maximum of 6 weeks to 24 weeks, as recommended by WHO and also provide legal protection for doctors and members of the abortion feasibility team who perform abortions based on medical emergency indications and pregnancies resulting from rape . In addition, it also provides legal protection for doctors and members of the abortion feasibility team who perform abortions based on medical emergency indications and pregnancies resulting from rape.