Analisis Pertimbangan Hukum oleh Hakim dalam Tindak Pidana Aborsi Ditinjau dari Aspek Kriminologi (Studi Putusan Nomor 1141/Pid.Sus/2020/PN Jkt Pst)

Abstract

Abortion is an act that aims to end pregnancy or abortion by removing the fetus (embryo) before it has the ability to survive outside the womb. Juridical and Criminological Analysis Regarding the Crime of Abortion (Study of Decision No.1141/Pid.Sus/2020/PN Jkt Pst. seeks to analyze law enforcement against abortion perpetrators. The problems discussed in this thesis are: First, what is the basis for regulating the legal basis in Indonesia that regulates the crime of abortion itself? Second, what are the factors that cause the crime of abortion to occur? Third, what is the basis for the judge's consideration in imposing sanctions against the perpetrators of the crime of abortion based on Decision No. 1141/Pid.sus/2020/PNJkt Pst. This research was conducted using a normative juridical research method. This research is carried out by examining literature materials or secondary data in accordance withthe subject matter studied in this thesis. Secondary data used in writing this thesis is in the formof books, literature, previous research obtained through electronic media or the internet. The crime of abortion can occur due to several factors such as medical indications that cause the pregnancy to be unable to be helped and it can also be due to social indications, where this indication is due to the encouragement of the difficulty factor, including because the woman isa victim of rape from a man who does not want to be responsible, It could also be due to the factor of shame of being impregnated by a man who is not her husband, and the factor that thewoman has supported several children even though the woman is classified as a poor person. In Decision No.1141/Pid.sus/2020/PN Jkt Pst, the judge in imposing sanctions on the perpetrators of the crime of abortion is by imposing a prison sentence of 1 year and 6 months with a fine of Rp100,000,000 (one hundred million rupiah).