Nikmah Rosidah
The criminal law of Indonesia regulates on abortion criminal act has only come to a formal delict that underlines on the termination act and does not consider the elimination of the fetus’s life as the main issue of abortion criminal act’s defense. Therefore, in order to discuss the issue upon the right to live owned by the fetus, an Islamic law approach is used on abortus provocateur criminalis that eventually leads us to a new presumption regarding to the fetus’ position as a living being and as a law subject that owns the right to live.