Andrianantenaina Fanirintsoa Aime, 8111418426 (2022) COMPARISON OF THE IMPOSITION BASED ON ABORTION CRIMINAL SANCTIONS AGAINST CRIMINAL ACT IN INDONESIA AND MADAGASCAR. Under Graduates thesis, UNIVERSITAS NEGERI SEMARANG.

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Abstract

The Criminal Code in the second book, Chapter XIX concerning crimes against life and Law number 36 of 2009 concerning health, and the Madagascar penal code in Livre III des Crimes, des Delits et de Leur Punition, Chapitre Premier des Crimes et Autres Delits Contre les Personnes, Section II. The purpose of this study was to find out how the regulation of the application of the criminal act of abortion in the Criminal Code and the Madagascar penal code, as well as the classification of abortion as a medical reason according to Law Number 36 of 2009 concerning Health. The problems that will be examined in this study include: 1) Application of criminal sanctions against perpetrators of abortion crimes in Indonesia; 2) Application of criminal sanctions against perpetrators of abortion crimes in Madagascar; and 3) The essential differences in the application of criminal sanctions against perpetrators of abortion crimes in Indonesia and Madagascar. The approach method used in this study is a qualitative research method with a legal research type that is normative juridical, and the analytical method used is an analytical descriptive method. The research focus is on the application of criminal sanctions to the crime of abortion in Indonesia and Madagascar. The research source here is in the State of Indonesia by collecting data in Indonesia and x in Madagascar. Sources of data for this research were taken from primary data and secondary data, primary data, namely books of laws on abortion criminal sanctions, secondary data from books, journals and scientific articles related to research. The data collection technique used by the author is a literature study. The research results of this thesis are: 1) regarding the threat of criminal sanctions for provocatus abortion perpetrators, the criminal law (KUHP) stipulates that there are criminal penalties for those who have abortions. The Criminal Code does not care about the background or reason for the abortion. 2) In the application of the criminal sanction for abortion according to the health law in Indonesia, only the Health Law allows a woman to have an abortion on the grounds of a congenital disease, where it turns out that pregnant women who have had prenatal checks find the baby, they are carrying is physically disabled so that when the baby is born it will threaten the life of the mother and the baby to be born. In contrast to Madagascar, because the Penal Code on Health does not allow abortion for any reason, therefore a person who wants to save the life of a pregnant woman because the fetus in the stomach is dead, the perpetrator secretly performs the abortion and from that's where the criminal sanctions against the perpetrators of the crime of abortion as regulated in article 317 apply

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