Abortion Perspective of The Criminal Code and Law Number 17 of 2023 Concerning Health

DOI

10.2991/978-2-38476-362-7_2How to use a DOI?

Keywords

Abortion; Criminal; Health

Abstract

Health is a human right that must be protected and noticed by the government because health is also an indicator of social welfare in addition to economic and social. Life is a gift given by God that must be respected by everyone. The life given to every human being is a human right that can only be revoked by the God. Talking about abortion, is definitely talking about human life because abortion is closely related to women and fetuses that are in women’s womb. This study aims to find out about abortion according to the Indonesian Criminal Code and Indonesian Law No. 17 of 2023 on health related to human rights.

This research is normative law research, that based on legal principles, and also juridical empirical means that research done by focusing on field study to obtain primary data. Further complementing the data obtained from the field research needs to be supported by library research. Based on the results of the Indonesian Criminal Code, it is mentioned that abortion is the expenditure of conception at each stage of development before the completion of pregnancy (38-40 weeks) or expression of conception before the fetus can live outside the womb (weight less than 500 grams or less Of 20 weeks). The criminal offense against the life of the Indonesian Criminal Code is contained in Chapter XIX under title “Crimes Against People’s Lives” set out in Articles 338 to 350. In Positive Law of Indonesia, the arrangement of abortion acts is contained in the Criminal Code Article 299, 346, 347, 348, 349 And 535 which expressly prohibits abortion for any reason. Based on Indonesian Law No. 17 of 2023 on Health. Everyone is prohibited from having an abortion but can be excluded on the basis of medical emergency indications detected since the beginning of pregnancy process. In Indonesian Law No. 17 of 2023 on Health, the concerns of abortion is provided in articles 60, 61, and 62 which prohibit the act of abortion but still permit abortion of medical indication, and also mentioned in article 194 of Law Number 17 Year 2023 on health.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mainita Mainita
AU  - Trio Yusandy
AU  - Syukriah Syukriah
PY  - 2025
DA  - 2025/02/28
TI  - Abortion Perspective of The Criminal Code and Law Number 17 of 2023 Concerning Health
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 4
EP  - 7
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_2
DO  - 10.2991/978-2-38476-362-7_2
ID  - Mainita2025
ER  -