UNAIR NEWS – The legal landscape in Indonesia is evolving to address various issues, including abortion. Law No. 17 of 2023 on Health introduces changes to abortion procedures for rape victims.

Dr Riza Alfianto, a health criminal law lecturer at Universitas Airlangga (UNAIR), explained that abortion is generally prohibited under Indonesian law, except in cases of medical emergencies.

Abortion for rape victims

Riza highlighted that while Article 346 of the 1946 Criminal Code regulates abortion, it does not specifically address cases involving rape victims. “Illegal abortions are not allowed under Indonesian law unless there is a medical emergency. A medical emergency, which involves a conflict between legal obligations and interests, can be a reason to eliminate criminal liability,” he said.

Article 60 paragraph (2) letter c of the 2023 Health Law permits abortion with the consent of the pregnant woman and her husband, except in the case of rape victims. “The exception for rape victims means that the law allows abortion only if the woman is a victim of rape and complies with the procedures outlined in the Health Law,” he clarified.

Alfianto noted that the criteria for the gestational age at which abortion is allowed for rape victims are detailed in Article 463 paragraph (2) of the 2023 Criminal Code. “Although the 2023 Criminal Code is not yet in effect, it stipulates that abortion for rape victims can be performed when the pregnancy is within fourteen weeks or if there is a medical emergency,” he explained.

Criminal liability for abortion practitioners

He emphasized that proving the criminal act of abortion requires establishing a causal relationship between the abortion practitioner’s actions and the death of the fetus. Article 428 paragraph (1) of the 2023 Health Law distinguishes between abortions performed with and without the victim’s consent, both of which carry prison sentences.

“Medical professionals who perform abortions outside the legal provisions face harsher penalties. Article 429 paragraph (1) of the Health Law states that medical professionals can be sentenced to one-third more severe penalties and may also face professional ethical sanctions,” he disclosed.

Alfianto hopes that illegal abortions in Indonesia will continue to be classified as criminal acts. “Illegal abortion is a criminal act, and those who perform it should be punished accordingly, as it falls under the category of homicide,” he concluded.

Author: M. Akmal Syawal

Editor : Khefti Al Mawalia