Juridical Review of Abortion Conducted by Rape Victims from Positive Law and Human Rights

Abstract

If a woman experiences pregnancy due to rape then she will be faced with two options namely to continue the pregnancy and childbearing or to terminate the pregnancy or abortion. It is less recognized by the rape victim who commits abortion that the action leads to legal consequences. In this paper, the author will discuss the abortion conducted by rape victims when viewed from the positive law and human rights. In addition, this paper will also discuss the abortion, rape, human rights, women and children rights. The author analyzes from the point of view of positive law that applies in Indonesia and human rights. It can be concluded that the abortion conducted by the rape victim is legal as long as the abortion is done by referring to the applicable legislations, in this case the Law concerning Health, and the abortion carried out by the rape victim does not lead to human rights violation.