Pertanggungjawaban Hukum terhadap Ibu yang Membuang Anak Baru Lahir

Abstract

The phenomenon of newborn abandonment is a criminal act that not only contravenes legal norms but also violates humanitarian values ​​and the fundamental rights of the child. Such acts are typically committed by biological mothers due to various factors, including out-of-wedlock pregnancy, social pressure, economic hardship, and psychological unpreparedness for the parental role. Article 430 of Law Number 1 of 2023 concerning the Criminal Code Kitab Undang-Undang Hukum Pidana governs criminal liability for mothers who abandon or leave behind their newborns out of fear that the birth might be discovered by others. However, practical challenges persist regarding the scope of the article's elements specifically concerning the abandonment of infants with the intent that they remain undiscovered necessitating a legal analysis of the perpetrator's liability and the legal objectives served by this regulation. This study employs a normative legal research method, utilizing the statute approach and the case approach. The legal materials utilized include primary sources such as the Criminal Code, the Child Protection Law, and relevant statutory regulations. The research findings indicate that a mother who abandons her newborn may be held criminally liable if all elements of the offense under Article 430 of the National Criminal Code are met: the perpetrator is the biological mother; the act occurs shortly after birth; it is driven by the fear of the birth being discovered; and it is committed with the intent to relinquish responsibility for the child or to ensure the child is found by another party provided there are no justifying or excusing circumstances. The study also reveals that the formulation of Article 430 of the National Criminal Code does not yet fully address instances where an infant is abandoned with the specific intent that the child remains undiscovered; consequently, regulatory refinement is required to provide optimal legal protection for the child's right to life.