JURIDICAL ANALYSIS OF ABORTUS PROVOCATUS ACTIONS AGAINST RAPE VICTIMS UNDER THE LAWNUMBER 36 OF 2009 CONCERNING HEALTH

Abstract

A doctor can exercise medical authority based on the authority he has as a health worker, but of course this action cannot necessarily be carried out by a doctor, this is related to the provisions of applicable laws and the medical procedures that must be carried out.

The research method that the researcher carried out was the research specifications carried out were analytical descriptive. Normative juridical approach method, namely legal research which prioritizes researching secondary data, in the form of positive law and how it is implemented in practice. The data collection technique is literature study, namely by searching for, collecting and reviewing statutory regulations, draft laws resulting from research, scientific journals.

The conclusion obtained in this research is that Medical Practice indicates that there is no medical action carried out by a doctor that is wrong (malpractice) as long as the patient does not feel disadvantaged. Legal protection for doctors who perform abortions according to Law Number 36 of 2009 concerning Health in conjunction with Government Regulation Number 61 of 2014 concerning Reproductive Health is that as long as the procedural requirements are carried out then there is no legal responsibility, apart from that as long as the condition faced is an emergency situation then that there is a professional responsibility.