ROSITA, ROSITA and Hutabarat, Rugun Romaida (2021) Analisis Kepastian Sumber Hukum Pemidanaan Terhadap Delik Aborsi Dalam Sistem Peradilan Pidana (Studi Putusan Pengadilan Tinggi Jambi Nomor 6PID.SUS-ANAK2018). Jurnal Hukum Adigama, 4 (1). ISSN 2655-7347
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Abstract
The discussion articulated in this research material is on the subject of uncertainty of legal source
relating to passing of sentencing in cases involving abortion offense under the criminal justice system
(as applied in the Jambi High Court Decision Number 6/Pid.Sus-Anak /2018) and the Court’s
application on sentencing for such offenses. The primary material used for this research analysis is
juridical normative, therefore the sources of data used by the author is primary data from laws and
regulations, including positive Indonesian law, secondary data from literature studies and various
literatures and tertiary data, namely, dictionaries, media and encyclopedias. The materials and data
were collected from research conducted from well-equipped legal libraries / authorities. The judge's
decision purporting that the perpetrator is held free from abortion offense in cases involving rape
victims is somewhat ambiguous under the existing Criminal Code and Laws, and this ambiguity should
be analyzed in the light of law Number 36 of 2009 which concerns health and specifically under
Indonesian positive law which adheres to the doctrine of “lex specialis derogat legi generalis”
(“special law repeals general laws”). In addition, there is also legal uncertainty involving abortion
offense due to the existence of a large number of legal sources or references to articles that regulate
abortion offenses. In order for victims of rape and medical emergencies not to be considered as
criminals, the provisions in the Criminal Code and the Health Law must be uniformed to complement
each other.
| Item Type: | Article |
|---|---|
| Subjects: | Jurnal Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 28 Jul 2023 09:29 |
| Last Modified: | 28 Jul 2023 09:33 |
| URI: | https://repotest.untar.ac.id/id/eprint/41379 |
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