Abstract

Legal arrangements for crimes or criminal acts of abortion on things that are allowed to do abortion in Law No. 36 Year 2009 on Health is not firm and raises multiple interpretations. This research uses normative juridical research based on secondary data sources, especially the Health Law and then analyzed qualitatively. The author concludes, first, the legal arrangements for criminal offenses of abortion if examined from a human rights perspective regarding the things that are allowed in abortion there is uncertainty regulated in the Health Law and its implementing regulations, namely Government Regulation No. 61/2014 on Reproductive Health. In the legislation only regulates the "abortion can be done before the pregnancy is 6 (six) weeks calculated from the first day of the last menstruation" there is no formulation "for the fetus that is not yet alive". Second, in the Health Act, especially Article 76 letter (a), it is necessary to reconstruct the legal arrangements for the crime of abortion that aborts the pregnancy later than six weeks. Changes and / or improvements need to be made by emphasizing the formulation of norms governing the conditions for abortion to be added to the phrase for the lifeless fetus because it is deemed inappropriate and does not reflect the principle of legal certainty.