The research of the husband’s permission toward abortion who did by the
wife aims to know the role of marriage couple in their marriage, especially in
taking decisions. Moreover, the purpose of this research is to know whether the
fetus is belong to her husband or not. This research examines the norms of
positive law in the form of the constitution relating to marriage, abortion, and
about the wife who was raped and had an abortion, but without asking permission
from her husband. This research ends at the conclusion obtained from the research
that is be needed permits a husband to accompany his wife who will do the
abortion, although in this case the wife was raped by someone else.