A Phenomenological Study of Polemic Regulation of Abortion Law on Medical Emergency Indications in Hospital

Abstract

Abortion is a crucial law in health law. But in reality, abortion for several medical reasons is a legal way to be taken in providing solutions to safety problems related to pregnancy. One of the regulations related to abortion is regulated in Law Number 36 of 2009 concerning Health which is considered as an answer to legal issues related to abortion, which includes the legal position that abortion can be carried out, namely on indications of a medical emergency. Regulations related to abortion regulations are not only regulated in the Health Law but are also regulated in Criminal Code (KUHP) for the crime of abortion. Article 299 of Criminal Code strictly prohibits an act that kills life as a form of crime. The polemic of overlapping legal rules that apply and occurs between the Health Law and Criminal Code is certainly a condition that must be addressed wisely through several analyzes so that it is hoped that a middle way that is best in addressing these two matters will be found. Purpose. This study aims to determine the description of the implementation of abortion for indications of medical emergencies in hospitals that are associated with abortion law regulations, namely the Criminal Code and the Health Law, where there is a conflict of norms, namely the Criminal Code prohibits loopholes for abortion by anyone and under any conditions while the Health Law provides space to be carried out. abortion in pregnant women that endangers her life. Method. The research design used in this study was qualitative with a descriptive phenomenological approach. This study reveals a description of the implementation of abortion regulations based on aspects of medical emergencies that are linked between the Health Law regulations and the Criminal Code regulations for the crime of abortion. Data were collected through interviews using research tools, namely voice recorders to record the conversations of researchers and participants, as well as field notes. The researcher analyzed the data using Colaizzi's analysis, which was to complete the analysis by re-clarifying the participants. Results. The results of the study found that legal issues regarding abortion regulations indicating medical emergencies as long as it refers to procedures according to Health Law No. 36 of 2009 then legal issues regarding the Criminal Code on abortion cannot be brought to the surface, because in medicine abortion provocatus medicinalis or abortion for medical emergencies indications is a medical abortion. which must be carried out on pregnant women in emergency conditions, which if abortion is not carried out, it can threaten the life of the pregnant woman. Recommendation. The government as the policy holder has the authority over the draft Criminal Code regarding abortion, if it can make changes or reforms through the draft Criminal Code on abortion based on conditions in the field, one of which is by paying attention to and synchronizing with the Health Law so that there is no overlapping legal rules. so that the main purpose of abortion is to save the life of a pregnant woman who has problems with her pregnancy, which can be prevented