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
Loading...