ABORSI KORBAN PEMERKOSAAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA

Abstract

Abortion is a sensitive issue that involving legal, ethical, and religious aspects, especially when it comes to rape victims. of rape. In Indonesia, the discourse on the legality of abortion for rape victims often raises debates between religious norms and legal rules. rape victims often leads to debates between religious norms and positive legal rules. between religious norms and positive legal rules. This research aims to critically examine how Islamic Law and Indonesian Positive Law view abortion performed by rape victims. rape victims. With a normative-juridical approach and literature study, the results of the analysis show that Islamic law provides limited space for abortion. analysis shows that Islamic law provides limited space for abortion before the fetus is 120 days old, with emergency reasons, including rape. rape. Meanwhile, Indonesian Positive Law through Law No. 36 of 2009 concerning Health and Government Regulation No. 36 of 2009 concerning Health. 2009 on Health and Government Regulation No. 61/2014 allows abortion for rape victims. abortion for rape victims under certain conditions. In conclusion, there are common ground between the two legal systems in the context of the protection of women and their right to reproductive health. women and the right to reproductive health, although its implementation still faces cultural and bureaucratic challenges.