Citation

Ilyas A, Widaningsih Y. Enferm. Clin. 2020; 30(Suppl 2): 14-17.

Affiliation

Department of Clinical Pathology, Hasanuddin University, Makassar, Indonesia.

Copyright

(Copyright © 2020, Elsevier Publishing)

DOI

10.1016/j.enfcli.2019.07.018

PMID

32204129

Abstract

OBJECTIVE: The purpose of this study was to find out the legal reasons that cause the criminal potential to doctors who help abortions in rape victims, and strive to eliminate criminal possibility against these doctors.

METHOD: This study uses normative juridical research with primary legal materials (laws) and secondary legal materials (literature on health law and medical law). Analysis of legal material was carried out using qualitative analysis, by describing norms regarding the legalization of abortion for rape victims that are contrary to the principle of legal certainty.

RESULTS: The results showed that the legal reason that caused doctors who help abortions in rape victims could be convicted because the incidence of rape was not guaranteed based on court decisions that had permanent legal force. The effort to abolish criminal acts against the doctor is through the legal formulation of a brief program in proving the act of rape, as well as implementing the absentia trial if the suspect is not present.

CONCLUSION: The doctor who helps abortion in rape victim has the potential to be suspected as criminal, but the effort to abolish the criminal against the doctor can be performed through the legal formulation.

Copyright © 2019. Published by Elsevier España, S.L.U.

Language: es

Keywords

Abortion; Crime; Rape