This research was aimed to know whether a medical-indicated abortion due to an
incest pregnancy was judged by laws. This law research used a normative method.
This law research focused on a positive law namely regulations and this research
needed a secondary law material as a main data. Abortion was a fetus miscarriage,
conducted abortion (intended due to she did not want the baby delivered).
Abortion was divided into criminal abortion i.e. an intended abortion due to a
reason and violating lawsand legal abortion i.e. abortion with authorization of
related parties. Abortion with a medical indication due to incest pregnancy from
criminal legal aspects namely, judged by the law or legal if the abortion was
conducted with medical indication due to incest pregnancy meet wording of
Article 75 verse b (2) letter a of Regulation Number 36 of 2009. As described in
the article that abortion can be done with the exception if there are indications of a
medical emergency which has been detected at an early age pregnancy. Abortion
has also been conducted by medical considerations by a team of experts. if the
woman conducted abortion in a forced situation due to she experienced a severe
psychological pressure the judges could harmonize law provisions with a medical
view that an incest pregnancy was a reason to conduct abortion with a medical
indication. With such harmonization the judges could freed the woman based on
an apologizing reason due to she conducted abortion based on a force power as
what regulated in Article 48 of Criminal Law (KUHP).