ANALISIS YURIDIS PUTUSAN HAKIM TERHADAP PERTANGGUNGJAWABAN PIDANA ANAK KORBAN PEMERKOSAAN INSES MELAKUKAN ABORSI ILEGAL (STUDI PUTUSAN NOMOR X/PID.SUS-ANAK/2018/PTJMB)

Abstract

This study aims to analyze the judges' legal considerations in Appeal Decision Number
X/Pid.Sus-Anak/2018/PT JMB concerning the crime of abortion committed by a child as the
defendant and to examine the conformity of the decision with the provisions of Indonesian
positive law. The issues discussed in this research are the regulation of abortion under
Indonesian positive law and the juridical analysis of the judges’ considerations in eliminating
the unlawful nature of the act and releasing the defendant from all legal charges in the case.
This research employs a normative legal research method using a statutory approach, a
conceptual approach, and a case approach. The legal materials consist of primary legal
materials in the form of legislation and court decisions, as well as secondary legal materials
derived from legal textbooks, journals, and other relevant legal literature. The data were
analyzed qualitatively by examining legal provisions governing abortion and the legal
reasoning applied by the panel of judges in the decision under study. The results of the study
indicate that the abortion committed by the defendant fulfilled the elements of a criminal
offense as stipulated in Article 346 of the Indonesian Criminal Code, as the defendant
intentionally performed an act resulting in the termination of the pregnancy. Furthermore, the
act did not comply with the requirements for lawful abortion as regulated under Articles 75
and 76 of Law Number 36 of 2009 concerning Health.