Abstract
Abortion is specifically regulated in Law Number 36 Year 2009 about Health. Abortion is regulated in Part Six of Reproductive health Article 75 - Article 77. Medically, the detection of genetic disorders can be done several ways maternal blood tests for prenatal genetic tests and ultrasound. New prenatal genetic tests can be done at 10-13 weeks of gestation, while ultrasonography can detect pregnancy when the pregnancy 5 weeks, but generally performed at 8-12 weeks gestation. Many countries also have laws on abortion, but with a wider age limit than Indonesia. 12-week period are found in the legislation of various countries that allow abortion. Based on the laws that exist such as Law Number 36 Year 2014 about Health Personnel and Law Number 29 Year 2004 about Medical Practice, doctors have the right to obtain legal protection for carrying out duties in accordance with the Professional Standards, Standard Service Professions, and standard Operating Procedures. Implementation of the tasks according to Professional Standards, Standards of Professional Services, and Standard Operating Procedures will be difficult to do given various new genetic abnormality detection checks can be done after 6 weeks. On the other hand, is based on the principle of legality, there is a limit up to 6 weeks of gestation. With the situation like this, the doctor will be a dilemma in doing its job, faced with a choice of legality of Law Number 36 Year 2009 about Health or the Code of Medical Ethics Indonesia which is the basic guideline in conducting various medical procedures. This is due to differences between the values contained in the legislation is written with the values contained in the Code of Medical Ethics Indonesia. Keywords: Legal protection, Doctor, Termination of Pregnancy, Genetic Defects DOI : 10.7176/JLPG/90-07 Publication date :October 31 st 2019
Highlights
Based on the laws that exist such as Law Number 36 Year 2014 about Health Personnel and Law Number 29 Year 2004 about Medical Practice, doctors have the right to obtain legal protection for carrying out duties in accordance with the Professional Standards, Standard Service Professions, and standard Operating Procedures
Implementation of the tasks according to Professional Standards, Standards of Professional Services, and Standard Operating Procedures will be difficult to do given various new genetic abnormality detection checks can be done after 6 weeks
With the situation like this, the doctor will be a dilemma in doing its job, faced with a choice of legality of Law Number 36 Year 2009 about Health or the Code of Medical Ethics Indonesia which is the basic guideline in conducting various medical procedures
Summary
Based on the data available in Williams Obstetrics, chromosomal abnormalities showed a significant figure on a genetic disorder. If you do not experience spontaneous abortion, infants with genetic disorders can be birth but have a life expectancy very low. Law Number 36 Year 2009 about Health as the object of the research is in third place hierarchy of legislation in Indonesia while Indonesia's Code of Medical Ethics is not listed in the hierarchy. According the laws and the principle of legality, the constitution, the Law about Health more recognized by the state and have a higher position on the Code of Medical Ethics Indonesia. Doctors are faced with two choices of implementing the principle of legality by following laws or override existing laws and regulations and implement codes of conduct that have been recognized by the medical profession in Indonesia. For this article take the title "Legal Protection in Indonesia For Doctors To Perform Termination of Pregnancy Caused Genetic Defects"
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