Abstract
This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.
Highlights
Abortion or feticide is an act that is prohibited by the Indonesian Criminal Code, as well as Islamic law
The enforcement of articles in the Criminal Code based on the transitional rules of Article II of the 1945 Constitution (Anwar, 2008), the original text is still in Dutch, except for later additions after 1946 which text has been translated into Indonesian, which style of translation depends on the taste of the translator (Hamzah, 2010), so that it cannot fulfill the aspirations and legal needs of the Indonesian nation
Abortion penalties in Articles 346, 347, 348, and 349 of the Criminal Code according to Islamic law are only imprisonment and are not accompanied by fines so as not to deter the perpetrator or fear committing the criminal act of abortion, as a result the purpose of the punishment is not achieved
Summary
Abortion or feticide is an act that is prohibited by the Indonesian Criminal Code, as well as Islamic law. The act of abortion in the articles of the Indonesian Criminal Code is classified as a murder crime, which is regulated from Article 346 to Article 349 of the Criminal Code The enforcement of articles in the Criminal Code based on the transitional rules of Article II of the 1945 Constitution (Anwar, 2008), the original text is still in Dutch, except for later additions after 1946 which text has been translated into Indonesian, which style of translation depends on the taste of the translator (Hamzah, 2010), so that it cannot fulfill the aspirations and legal needs of the Indonesian nation To fulfill this legal need, it is necessary to reform the articles in the criminal law, especially the articles concerning the crime of abortion
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
