Rape is a crime that has been difficult to eradicate in recent years and what is even
more concerning about this is the impact that this crime will have on the future of
the victim. Law Number 36 of 2009 concerning Health provides arrangements
regarding abortion for rape victims, however, it is different in Human Rights
(HAM) where women and the fetus in the womb have the same rights. This study
aims to find out whether Article 76 of Law Number 36 of 2009 concerning Health
contradicts Article 9 of Law Number 39 of 1999 concerning Human Rights and the
proper arrangements for rape victims and their legal certainty. The method used in
this study is a normative research method that focuses on legal issues that are still
the pros and cons and supported by traditional healers with the results of interviews
with the Head of the Human Rights (HAM) Division at the Regional Office of the
Ministry of Law and Human Rights, DIY. From the data obtained, it can be
analyzed and drawn conclusions using the deductive method that Article 76 of Law
Number 36 of 2009 concerning Health and Article 9 of Law Number 39 of 1999
concerning Human Rights (HAM) are contradictory to the Articles because of
disharmony inside it. Regulations and legal certainty that should exist are also still
important because they are not easy to implement, so government intervention is
needed