International Journal : APPLICATION OF THE LEX SPECIALIS DEROGAT LEX GENERALIS PRINCIPLE IN ABORTION LAW IN INDONESIA

ABSTRACT
The term abortion or commonly known as abortion is the removal of the results of pregnancy from the uterus that is carried out
prematurely. Abortion according to criminal law, namely a crime committed by an act that causes the womb to be born before the
time to give birth according to nature. This crime against abortion is also defined as the premeditated murder of a child, where in
the abortion there must be a live womb (vrucht) or baby (kidh), which is then killed. The legal arrangements for abortion in
Indonesia have overlaps between the Criminal Code and the Law on Health. The Criminal Code as lex Generalis gives illegal
status to abortion and prohibits abortion without exception, while Law Number 36 of 2009 as lex Specialis allows abortion in an
emergency to save the mother's life, known as abortion provocatus. Lex specialis derogat lex generalis is a legal principle where
special regulations can override general rules. The application of the principle of lex specialis derogate lex generalis in abortion
law in Indonesia aims to facilitate law enforcement officers in the context of enforcing the crime of abortion itself
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