Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Aborsi Oleh Tenaga Non Medis
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Institusion
Universitas Wijaya Kusuma Surabaya
Author
Rahmawati, .
Subject
K Law (General)
Datestamp
2021-02-27 18:59:42
Abstract :
This study, entitled Criminal Responsibility to Perpetrators of Abortion by Non-Medical Practice, aims to determine the form of criminal responsibility against perpetrators and those who participate in assisting in committing abortion by non-medical practice. The method that used in writing this thesis is the normative juridical research method, which is a study of legal research sources obtained from case studies at the Surabaya District Court as well as legislation and literature related to the material that will be discussed. According on the results of this study, it can be concluded, inclusion or deelneming is regulated in Article 55 of the Penal Code (KUHP), it shows the role of each perpetrator who participates in helping to commit the crime of abortion, the person whom to be pregnant, the person who persuades, and assistants during the crime process of abortion. If a perpetrator comes from non-medical practice is proven to have committed the crime of abortion illegally, they will be charged under Article 75 paragraph (2) and worn to sanctions in Article 194 of Law of Republic of Indonesia number 36 year 2009 concerning Health. Perpetrators of the crime with illegal abortion case must be responsible for their actions by fulfilling the requirements of criminal liability with an element of guilt in the form of deliberate action in the deed. Keywords: Criminal Responsibility, Abortion, Non-Medical
This study, entitled Criminal Responsibility to Perpetrators of Abortion by Non-Medical Practice, aims to determine the form of criminal responsibility against perpetrators and those who participate in assisting in committing abortion by non-medical practice. The method that used in writing this thesis is the normative juridical research method, which is a study of legal research sources obtained from case studies at the Surabaya District Court as well as legislation and literature related to the material that will be discussed. According on the results of this study, it can be concluded, inclusion or deelneming is regulated in Article 55 of the Penal Code (KUHP), it shows the role of each perpetrator who participates in helping to commit the crime of abortion, the person whom to be pregnant, the person who persuades, and assistants during the crime process of abortion. If a perpetrator comes from non-medical practice is proven to have committed the crime of abortion illegally, they will be charged under Article 75 paragraph (2) and worn to sanctions in Article 194 of Law of Republic of Indonesia number 36 year 2009 concerning Health. Perpetrators of the crime with illegal abortion case must be responsible for their actions by fulfilling the requirements of criminal liability with an element of guilt in the form of deliberate action in the deed. Keywords: Criminal Responsibility, Abortion, Non-Medical
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