Abortion In Indonesia Research Articles

Abortion provisions for rape victims: A comparative study of 6 Asian Countries

Abortion in cases of rape has sparked a lengthy debate among societies and governments around the world because it involves religious, ethical, cultural, and legal considerations. Some consider it a woman's right and protection for victims, while others think the fetus also has a right to life. This research aims to specifically examine abortion provisions for rape victims in six countries in Asia. The method used in this research is normative legal research with a case study approach in 6 (six) countries in Asia. The findings of this research show that each country has different regulations regarding abortion. The rules regarding abortion in Indonesia are now regulated in the Criminal Code and the 2023 Health Law. Then, in Malaysia, abortion is regulated in the Penal Code of Malaysia (Kanun Success), the abortion rules in Singapore are held in the Termination of Pregnancy Act chapter 324 (Termination Act Pregnancy), the Philippines is regulated in the Revised Penal Code of the Philippines, Japan is regulated in the Japan Penal Code and South Korea is held in 2017Hun-Ba127 (Const. Ct., 11 Apr. 2019).

Abortion Indications According to Law Number 17 of 2023 concerning Health

This normative juridical research scrutinizes Indonesia's legal framework surrounding abortion, juxtaposing the criminalization of abortion with the nuanced provisions of Law Number 17 of 2023 concerning health. The study focuses on Article 42, which permits abortion under specific indications such as fetal viability challenges and pregnancies resulting from rape. The primary legal materials are sourced from statutory regulations, with a supplementary examination of secondary legal materials. The research reveals the legal complexities surrounding abortion in Indonesia, shedding light on the delicate balance between criminal sanctions and legal protections. The implications of the findings extend to the broader discourse on reproductive rights and the evolving legal landscape.
 Highlights:
 
 
 Abortion Legislation in Indonesia: Balancing criminal sanctions and legal protections under Health Law Number 17 of 2023.
 
 
 Indications and Protections: Analyzing specific indications like fetal viability challenges and rape pregnancies, shaping women's reproductive rights.
 
 
 Normative Juridical Research: Utilizing primary and secondary legal materials to navigate the intricate legal landscape surrounding abortion in Indonesia.
 
 
 Keywords: Abortion, Planning, Legal Protection

Juridical Analysis of Abortion Legalization in Government Regulation Number 61 Of 2014 Concerning Reproduction Health

Purpose: the purpose of this treatise is to enshrine the legalization of abortion in Government Regulation Number 61 of 2014. This is an analysis of laws originating from statutory regulations. Theoretical reference: The definition of abortion or abortion according to the World Health Organization (WHO) is the cessation of fruitful life during pregnancy under 28 weeks or a fetus weighing less than 1000 grams. The act of abortion that is carried out intentionally is called abortion provocatus. Gynecological age for abortion or abortion World Health Organization (WHO) which states that 24 weeks of gestation is the maximum safe gestational age for women to have an abortion. Method: Research results from doctrinal studies with a legislative approach . Doctrinal research results from studying the regulations relating to abortion law in Indonesia, while the legislative approach used in this research aims to see and analyze in depth how the regulations regarding abortion in Indonesia are enforced. To strengthen the analysis, this research also uses several research results related to abortion. Apart from that, this research also uses various information related to abortion case data, this is used so that the analysis carried out is accurate and appropriate to the abortion issues and problems that occur in Indonesia. Results and Conclusion: Abortion of a pregnancy resulting from rape which can cause psychological trauma to the rape victim can only be carried out if the conditions specified in Article 75 paragraph (3) and Article 76 of the Law of the Republic of Indonesia Number 36 of 2009 concerning Health have been met. Pregnancy as a result of rape violates the reproductive rights of rape victims, therefore the exclusion of abortion for rape victims aims to provide guarantees and legal protection of rape victims' reproductive rights as a manifestation of human rights. Thus it can be concluded that Article 31 of Government Regulation Number 61 of 2014 concerning Reproductive Health can be carried out based on indications regarding medical emergencies. Implications of research: Government Regulation Number 61 Of 2014 Concerning Reproduction Health Originality/value: Abortion, Reproductive health, legalization.

STUDI KOMPARATIF ABORSI DI INDONESIA DAN KOREA SELATAN DALAM PERSPEKTIF FEMINIST LEGAL THEORY

Abortion in Indonesia is still considered taboo and criminalized, while abortion in South Korea is the opposite. Countries that use the same legal system do not mean their regulations are also the same. Abortion raises different opinions from Pro-Life and Pro-Choice people. Analysis of feminist legal theory, especially radical feminism, is used to see the response of Indonesia and South Korea to abortion. This research aims to: 1) determine abortion regulations in Indonesia and South Korea; and 2) analysis of feminist legal theory regarding abortion in Indonesia and South Korea. This research is normative legal research or doctrinal research, using a statutory-regulatory approach, contextual approach, and comparative study. The data sources used are primary legal materials, namely Law Number 17 of 2023 concerning Health, the Criminal Code, and Law Number 1 of 2023 concerning the Criminal Code. Secondary legal materials are in the form of literature reviews related to legal materials that are appropriate to the research topic. The research shows that abortion in Indonesia is not fully legalized, in contrast to South Korea which has lifted the ban on abortion after the decision of the South Korean Constitutional Court. Based on the analysis of Feminist Legal Theory, Indonesia still has not accepted and accommodated all forms of demands from feminism, while South Korea considers abortion to be a woman's right and what is within a woman is her full right.

Hubungan Pengetahuan Ibu Menyusui Dengan Pemberian Kolostrum Di Wilayah Kerja Puskesmas Pargarutan Tapanuli Selatan Tahun 2023

Abortion can endanger the mother's health because it can cause bleeding, uterine perforation, infection and shock. Bleeding occurs due to not yet releasing all the products of conception from the endometrial wall, so that the blood vessels are always open to empty the uterus of the remaining products of conception. The next consequence of abortion is perforation, perforation occurs when scraping/curettage, if this happens it is necessary to carry out a laparotomy according to the extent of the perforation. Infection can occur due to the accumulation of dead and rotting products of conception in the body, causing infection, shock, can occur in cases of abortion due to severe infection or profuse bleeding. The incidence of abortion in Indonesia in 2012 was 4%. The aim is to determine the relationship between gestational age and distance with the incidence of abortion in 2023. termination of the pregnancy process before the gestational age is less than 28 weeks (Manuaba, 2010). Abortion is the ending of a pregnancy through any means, spontaneous or artificial, before the fetus is able to survive with limitations based on gestational age and body weight. This research is an observational analytical research with a research design control cases. The samples taken to support this research were all abortion patients at the Pargarutan Health Center, South Tapanuli, totaling 30 people.

FAKTOR RESIKO KEJADIAN ABORTUS DI RUMAH SAKIT DAERAH KOLONEL ABUNDJANI BANGKO

<p><strong><em>Bleeding can occur at any gestational age. The incidence of bleeding in early pregnancy is often associated with abortion. The frequency of spontaneous abortion in Indonesia is 10%-15% of 5 million pregnancies each year or 500,000-750,000. At the Colonel Abundjani Hospital Bangko, the number of abortions in 2020 was 232 people (25.6%) and in 2021 there were 176 (24.8%) people. The purpose of the study was to determine the risk factors for abortion at the Colonel Abundjani Bangko Regional Hospital in 2022. The study was carried out from February to May 2022 at the Colonel Abundjani Bangko Regional Hospital. Variables are parity, age, disease history, gestational distance, nutritional status, parity and history of abortion. While the dependent variable is abortion, the type of research is Observational, descriptive design. The population of all mothers who have abortions in 2019 - 2021 is 566 people with a sample obtained using purposive sampling of 293 people. The data uses secondary data. Analyzed by univariate analysis. The results showed that more than half of the 167 respondents (57%) were aged 20-35 years. 185 respondents (63.1%) had pregnancy intervals > 2 years. 212 (72.4%) have a parity of 1-3 people. 124 respondents (42.3%) had no history of disease. 224 respondents (76.5%) had normal nutritional status. 122 respondents (41.6%) had missed abortions. The conclusion of this study is that many respondents had missed abortions. It is expected for hospitals to always provide health services in carrying out care for patients, especially health workers on duty in hospitals and provide information in order to improve the quality of health services, especially about problems that occur in pregnant women causing abortion.</em></strong></p><p><strong><em>Keywords: Risk, Abortion Incidence.</em></strong></p>

Asuhan Keperawatan Maternitas pada Pasien dengan Abortus Inkomplit di Ruang Safa Rumah Sakit Aisyiyah Pariaman

Abortion is the termination of a pregnancy before 20 weeks of age and can also occur at 12 weeks of gestation or when the fetus weighs less than 500 grams. According to the World Health Organization (WHO), the incidence of abortion in Indonesia is the highest among other Southeast Asian countries, namely 2 million out of 4.2 million people. Incomplete abortion, that is, only part of the conception is removed, what remains is the decidua or placenta. Initially there is bleeding in the decidua basalis, followed by necrosis of the surrounding tissue, then part or all of the products of conception are released. Other complications of incomplete abortion are infection, perforation, and shock. The purpose of this study was to provide nursing care for patients with incomplete abortion in the couch room at Aisyiyah Pariaman Hospital. The research used a descriptive approach in the form of a case study to find out the problem of nursing care in patients with incomplete abortions in the couch room of Aisyiyah Pariaman Hospital with one patient. This research was conducted on 20-24 February 2023, The results of the study after the study found 3 diagnoses, namely: Anxiety related to situational crises,Riskfor hypovolemia related to active fluid lossand Acute pain related to physiological injury,. During the 5 days of the study the patient went home with thesuggestion that the patient could carry out home care and control according to the recommendations from the hospital.

Feminisme dan Keadilan Reproduktif: Mempersoalkan Aborsi Berdasarkan Pengalaman Aktivisme HKSR

In Indonesia, abortion is categorized as an illegal and criminal act. Even though abortion due to medical indications and rape are exempt from criminal status, access to legal abortion is still almost impossible. Therefore, discussion about legal abortion and safe abortion cannot be done separately, for the criminalization of abortion is one of the factors behind unsafe abortions. Through focused discussions with 20 women activists representing civil society organizations who advocate for gender justice and SRHR in Indonesia, this research aims to document and reflect critically on the situation of reproductive injustice in the issue of abortion in Indonesia using a feminist lens. Building this research within the framework of reproductive justice thinking based on feminist praxis, we selected women activists as our informants. SRHR activists are the closest to and the most involved subjects in the feminist praxis of promoting reproductive justice, particularly on the issue of abortion

ILLEGAL ABORTION ON INDONESIA MEDIA: A CONTENT ANALYSIS

T
 Abortion is a complex issue. On the one hand, abortion is an illegal act according to positive law and is prohibited by religion in Indonesia. On the other hand, abortion is a shortcut to solving unwanted pregnancies by married and unmarried couples. This study aims to see how the media frames news about illegal abortion, how positive law regulates this act and what the triggers doing illegal abortion. This research is qualitative research with a content analysis approach. The results of the study show that the media tends to be neutral by not taking sides between the perpetrators and the victims. This research also reveals the fact that the high demand of the Indonesian people for an illegal abortion service is at least triggered by two things, the legal system, and social norms applied in Indonesia. The legal system prohibiting abortion in Indonesia is incapable to prevent and provide a deterrent effect against perpetrators of abortion criminalization. In addition, Indonesian society’s system of social norms is very sensitive to immoral cases, such as pregnancy out of wedlock. As a result, many pregnant women who are out of wedlock choose to hide their pregnancies and then secretly carry out illegal abortions.

Problems in Law Enforcement of The Crime of Women's Abortion

The purpose of this study is to examine the implementation of abortion in Indonesia, especially for women who are victims of rape. The research method used is normative juridical. The results showed that a person could have an abortion when pregnancy occurs due to rape which can cause psychological trauma with the condition that the abortion is carried out before six weeks of pregnancy, calculated from the first day of the last menstruation. It is still found that abortions are carried out when the pregnancy is more than six weeks old. Not a few of those who carry out abortions are sentenced to criminal penalties, can say that the application of legal protection guaranteed by the law is far from perfect, especially law enforcement that is less partial to rape victims who choose the abortion route does not reflect the sense of justice, certainty and benefit be a legal goal. Therefore, legal protection for abortionists who are victims of rape must consider the best interests of the victims, and this can be realized when the Government carries out its obligations to protect and prevent abortions.

Saving more lives on time: Strategic policy implementation and financial inclusion for safe abortion in Indonesia during COVID-19 and beyond.

Abortion is common in Indonesia, with 79% being unsafe. Unsafe abortion is one of the top five causes of maternal deaths globally. Meanwhile, in Indonesia, the maternal mortality rate (MMR) is still high, with up to 30% of it being related to unsafe abortion. In the COVID-19 pandemic, the number of unsafe abortions is expected to increase along with a 15-30% increase in unintended pregnancies. This will add to the number of maternal deaths on top of direct deaths caused by COVID-19. In Indonesia, access to safe abortion is still limited based on grounds. There are also gaps in implementation and in the financing mechanism of legal safe abortion, especially in the era of the national health insurance scheme (Jaminan Kesehatan Nasional/JKN). This brief aims to guide how to equitably implement and inclusively finance safe abortion in Indonesia-in and beyond the COVID-19 pandemic-to gain maximum socioeconomic benefit and leave no one behind.

Legalitas Aborsi Akibat Pemerkosaan Ditinjau Dari Prespektif Korban Dan Hak Asasi Manusia

Abortion is an act of abortion of content by using it without forcibly removing it due to certain circumstances. If viewed from an Islamic perspective, abortion is not permitted under Islamic law, but in Government Regulation (PP) No. 61 of 2014. Abortion due to legal consequences is allowed if it has not reached the age of 40 days. The existence of different views on the law established by the state with applicable Islamic law raises the pros and cons of implementing the legalization of abortion in Indonesia. This study was conducted to find out how the legalization of abortion is based on considerations from the perspective of victims and human rights and how the views of Islamic law are related to abortion due to rape. This study will focus on the legalization of abortion that occurs in cheating victims with the view of Islamic law which sees that all murders are sins. This study uses an approach with a literature study method to obtain related data from reliable sources with continuous data management. Abortion is carried out as a result of love in the view of Islamic law, in principle is not allowed because harm cannot be reciprocated by harm. Although state law has legalized abortion for victims of sacrifice because the majority of religion in Indonesia is Islam. But at the core of its application, any abortion carried out without medical conditions is not permitted.

Criminal Responsibility towards Criminals of Abortion in Indonesia

This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).­

Pengambilan Keputusan dalam Melakukan Aborsi oleh Perempuan Usia 20-30 Tahun

Freedom in abortion has been packaged to cover up the real facts, meaning that few people know about the dangers of abortion, but places selling illegal abortion drugs can still flap their wings to sell in the world of online commerce. This dedication discusses the decision making in having an abortion by women aged 20-30 years. The crisis of knowledge about sexual education makes abortion perpetrators less aware of the dangers of abortion, meaning that the community does not really understand whether or not they can have an abortion. Abortion is done not only because of intention or desire. The process of making decisions about abortion perpetrators is also different, making decisions that make doubts when pregnant are difficult, lack of knowledge and falling into difficult choices make people do things that shouldn't be done, how is the process of making decisions about abortion perpetrators. Therefore, this study uses a dedication method and uses the theory of decision making as a knife of analysis in decision making in performing abortion by women aged 20-30 years. This case was taken considering that the rate of abortion in Indonesia is very high, and maternal mortality due to abortion is a concern. So that this service approach uses a phenomenological approach to determine the decision making in carrying out abortion by women aged 20-30 years. Phenomenology tries to identify a meaning behind the way the abortion perpetrator takes decisions, so that what is highlighted is the abortion perpetrator's decision-making process.

Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

IMPOSITION OF SANCTIONS ANALYSIS OF BUSINESS CRIME CRIMINAL ABORTION


 
 
 Abortion is misconduct when committed intentionally abort way without any obvious reason to do so. Regarding the crime of abortion is regulated in the Act Positive in Indonesia. Perform abortions should not be just anyone do it because they have to kill the fetus in the womb. In this case I raised the issue that is how the imposition of criminal sanctions against perpetrators of criminal acts of abortion and how the alleviation and prevention of criminal acts of abortion in Indonesia.
 
 

IMPOSITION OF SANCTIONS ANALYSIS OF BUSINESS CRIME CRIMINAL ABORTION

Abortion is misconduct when committed intentionally abort way without any obvious reason to do so. Regarding the crime of abortion is regulated in the Act Positive in Indonesia. Perform abortions should not be just anyone do it because they have to kill the fetus in the womb. In this case I raised the issue that is how the imposition of criminal sanctions against perpetrators of criminal acts of abortion and how the alleviation and prevention of criminal acts of abortion in Indonesia.

Legal Protection of Incest Victims Who Have an Abortion

Introduction to The Problem: Rape crime is a kind of violence against women in male sexual interests which show the position of vulnerable women. This gender-based violence is often caused by inequalities power in society or family. The annual report 2017 by the National Commission on Violence Against Women from sexual violence in private/personal sector, incest were the most reported cases as much as 1.210 cases. The incest case eventually spread to other criminal cases, for example, forced abortion by his family or the surrounding environment. The most detrimental impact of rape is pregnancy. Many rape victims can not bear the shame and disgrace; therefore, they prefer to stop their pregnancy or abortion even though abortion is illegal in Indonesia. That’s why legal protection of rape victim is needed, especially when the victim has an abortion. Purpose/Objective Study: This research aims to re-reflect the legality of abortion laws which regulated in Indonesian law. Furthermore, this research also reviewing legal protection for incest rape victims who are forced to have an abortion. Design/Methodology/Approach: This research is using a qualitative method with a normative judicial approach. The approach is carried out by examining library materials or secondary data as a basis for review, such as regulations and literature relating to the problem. The data is parsed in a descriptive narrative structured and coherent explanation. Findings: The rules regarding abortion in Indonesia are various, starting from those that are fully prohibited, to regulations which stated the exceptions. The rules are stated in the Criminal Code which fully prohibits abortion. While another rules legalizes the abortion for certain exceptions. Through these laws and regulations, Indonesia became a country which on the one hand absolutely prohibited abortion and on the other hand allowed abortion only for three cases, there are protecting the lives of mother, protecting fetus, and victim of rape. Abortion due to incest rape needs to be given forgiveness for the condition of the victim in charging the penalty. The psychological impact is more severe when keeping the baby because if the victim sees and raises the baby in a state of being unprepared and depressed it has bad consequences for the baby and the mother. When the victim sees the baby it will cause trauma, remembering the incident, thus will not treat the baby well and the baby’s growth and development will not good either. Paper Type: Research Article

Harmonization of Abortion Settings in Indonesia

This study is entitled Harmonization of Abortion Law in Indonesia. Abortion today is not something that is taboo to discuss and talk about, because abortion has occurred everywhere. Abortion is a health issue that is gaining attention nowadays in Indonesia. The regulation of abortion in Indonesia is regulated by 2 (two) Laws namely the Criminal Code and the Health Law, which is where there is a conflict of norms that the Criminal Code prohibits loopholes for abortion by anyone and under any conditions. While the Health Act provides space for abortions for women with pregnancies that endanger their lives and women with pregnancies due to rape. The problem of this writing is related to the harmonization of abortion arrangements in Indonesia and abortion arrangements in the future. This research was conducted by normative legal methods. Harmonization of abortion arrangements in Indonesia is resolved with legal theory, namely the Lex Specialis Derogat Legi Generalis legal theory, meaning that if there is an abortion case in Indonesia then the source of reference or legal basis is the Health Act because it is more specific than the Criminal Code. Abortion arrangements in Indonesia in the future in the form of a Penal Code also touches on the aspect of abortion which is regulated in Article 589 to Article 592 and remains on the concept to prohibit abortion by anyone and under any conditions.

INCREASED KNOWLEDGE OF WOMAN ADOLESCENT ABOUT ABORTUS PROVOCATUS CRIMINALIS AFTER IN HEALTH EDUCATION

Background: Abortion provocateurs criminalis is an abortion that occurs due to actions that are not legal or not based on medical indications. The incidence of abortion in Indonesia according to the BKKBN every year there is an increase of about 15% and of that number 800,000 of them are carried out by young women who are still sitting in school. Data found in SMK Cokroaminoto, Manado City, 5 female students who dropped out of school due to pregnancy out of wedlock and 2 of them took shortcuts by aborting provocateurs criminals. Objective: This study is to determine the effect of health education on the level of knowledge of adolescent girls about abortion provocateurs criminals. Method: The research design used was a pre-experimental method with a one-group pretest-posttest method in which the design features were not compared to a control group. The study population was female teenagers grade X and XI at SMK Cokroaminoto Manado, amounting to 49 people. The sampling technique used was Total Sampling, as many as 31 people. Results: Analysis with the Wilcoxon signed-rank test. The test results have a significant effect on health education about abortion provocateurs criminal on the level of knowledge of young women (α ≤ 0.05 ie p-value = 0,000). Conclusion: Health education about abortion provocatus criminals increases the knowledge of young women. Suggestions are expected that young women can increase awareness to prevent abortion of provocateurs criminalis.