PERBEDAAN PENGECUALIAN PENGATURAN ABORSI AKIBAT PERKOSAAN MENURUT UNDANG-UNDANG NO. 36 TAHUN 2009 TENTANG KESEHATAN DENGAN UNDANG-UNDANG NO. 39 TAHUN 1999 TENTANG HAM

Abortion due to rape is one type of abortion provocatus that has an exception to be done according to the health constitution. In the development of reaping the pros and cons of abortion in society. Abortion act contrary to the law of human rights which states unequivocally that the child in the womb has a right to life. Every human being has human rights that have been attached and cannot be reduced in any form. To apply the human rights comprises a variety of these rights, a main element that must to be protected is the right to life. Although the reasons for abortion are rape victims, the rights of a fetus cannot be ruled out. Given that the percentage of abortions is increasing from year to year, with the exception of legalization, it makes a legal loophole for a woman who does not want her pregnancy to have an abortion. This led to the legal position of a child increasingly neglected by their gap to commission of the offense. A Fundamental Principal author issues raised relating to legal implication on goal difference health legislation that provides abortions with exceptions ham laws that prioritize a child's right to life. Then, with their various legal implications on the rules of law of contradiction, the authors describe how the appropriate legal solutions for addressing the problem. This Methods research approach is normative juridical qualitative descriptive analysis technique