Research Article
Legality Of Abortion Due To Incestual Rape From The Perspective Of Balinese Customary Law
@INPROCEEDINGS{10.4108/eai.17-10-2024.2353736, author={Ni Putu Ega Parwati and Putu Riski Ananda Kusuma and Ni Komang Irma Adi Sukmaningsih and Ni Luh Made Madhusodani}, title={Legality Of Abortion Due To Incestual Rape From The Perspective Of Balinese Customary Law}, proceedings={Proceedings of the 6th International Conference on Law, Social Sciences and Education, ICLSSE 2024, 17 October 2024, Singaraja, Bali, Indonesia}, publisher={EAI}, proceedings_a={ICLSSE}, year={2024}, month={12}, keywords={incest abortion legality balinese customary law}, doi={10.4108/eai.17-10-2024.2353736} }- Ni Putu Ega Parwati
Putu Riski Ananda Kusuma
Ni Komang Irma Adi Sukmaningsih
Ni Luh Made Madhusodani
Year: 2024
Legality Of Abortion Due To Incestual Rape From The Perspective Of Balinese Customary Law
ICLSSE
EAI
DOI: 10.4108/eai.17-10-2024.2353736
Abstract
Incest is a phenomenon that indicates moral degradation. Especially if it is done by coercion and rape of underage family members and causes pregnancy. Victims who are not ready to carry a fetus tend to choose to abort their pregnancy. The normative legal research method is used to examine this problem by looking at the legality of abortion in Indonesia, which is indeed prohibited in the Criminal Code without any tolerance, but if examined from Article 60 of Law No. 17 of 2023 concerning Health, abortion is legal as long as it meets the criteria in paragraph (2). Rape victims, especially incest, should receive attention from various groups regarding psychological trauma, reproductive rights, and the possibility of the fetus experiencing genetic abnormalities. The results of the study explain that the legality of incest in Balinese customary law is strictly prohibited and is included in the customary moral offense, namely the Gamia Gemana Customary Delict. In addition, the legality of abortion carried out by victims of incestuous rape is also prohibited because it is seen as a form of murder (Himsa) and the person concerned is in a state of cuntaka (dirty) so that purification (cleansing) must be carried out.
