ANALISIS REGULASI ABORSI PADA PASAL 117 PERATURAN PEMERINTAH NOMOR 28 TAHUN 2024 PENGECUALIAN INDIKASI KEDARURATAN MEDIS BAGI JANIN DAN PEREMPUAN

Abstract

This study examines the exceptions to the abortion ban in Article 117, Paragraph (2) of Government Regulation No. 2024, paragraph (2), regarding medical emergencies—a regulation that further elaborates on Law No. 1 of 2023 (the Criminal Code) and related regulations. The focus is on examining how Indonesia’s abortion prohibition regulations, as set forth in the Criminal Code (which constitutes Indonesia’s positive law), are viewed from the perspective of legal protection and rescrictive criminal policy,  for women and children when analyzed through the principles of lex certa and the theory of legal certainty, followed by an analysis of the abortion provisions in Article 117 of Government Regulation No. 28 of 2024 to determine whether it has provided legal certainty regarding the limitations on the grounds for permitting abortion in Indonesia, considering several cases where certain groups argue that both children and adults may experience depression upon realizing they have become victims of rape and due to the medical conditions they face.