Legalizing Abortion To Strengthen Legal Protection Against Rape Victims

The greater the gestational age, the higher the risk of having an abortion. (Unsplash)

JAKARTA The practice of abortion or abortion which is officially legalized in Indonesia still saves questions in the community, one of which is regarding the age limit for pregnancy to abort pregnancy.

Indonesia has officially legalized the practice of abortion, and this is stated in Government Regulation (PP) Number 28 of 2024 concerning Implementation Regulations of Law (UU) Number 17 of 2023 concerning Health signed by President Joko Widodo.

The regulation states that the government allows the practice of conditional abortion. Conditions that are allowed to have abortion are indications of a medical emergency and for victims of rape or other sexual violence that causes pregnancy.

Medical emergency indications are explained in article 116, namely when pregnant women experience life-threatening conditions or state of fetal health with congenital defects that cannot be repaired or cannot be allowed to live outside the womb.

Apart from these two conditions, abortion is completely illegal or against the law, according to Dr Ari Kusuma Januarto, SpOG, Obginsos, as Head of Legislation and Advocacy Division of the Indonesian Doctors Association (IDI).

But the rules that legalize abortion save a number of homework (PR). One of them is the uncertainty about the age of pregnancy that is allowed for abortion.

Citing Care, abortion is a medical procedure that is done intentionally to end pregnancy. This procedure is carried out to remove the fetus, placenta, and accompanying pregnancy tissue from the uterus.

However, dr. Ari is still highlighting the maximum age limit for abortions that may be carried out. In the derivation of the Health Law, this provision has not been clearly confirmed.

"When this Government Regulation comes into effect, arrangements regarding the implementation of abortions that are allowed, including gestational age for pregnancy at the time of abortion, are carried out based on Article 31 of PP Number 61 of 2014 concerning Health Reproduction until Law Number 1 of 2023 concerning the Criminal Code comes into effect," reads Article 1554 concerning Transitional Provisions.

However, if detailed, these two regulations have different age limits regarding gestational age during abortion. If referring to Article 31 of PP Number 61 of 2014 concerning Health Reproduction, the recommended gestational age for abortion is 40 days. Meanwhile, Law Number 1 of 2023 concerning the Criminal Code, the maximum age limit for abortion is 14 weeks.

Doctor Ari emphasized that as a health worker he agrees more with the previous regulations. Not without reason, dr. Ari explained that abortion at the age of 14 weeks of pregnancy has a greater risk. In that time, the fetus is already in the form of a size of 8-10 centimeters.

"There is already a heart sound, the mother has also felt something moving. Age 14 weeks will have a higher risk to mothers, including the risk of bleeding," said dr. Ari at the IDI media briefing on Friday (1/8/2024).

Having an abortion at the age of 14 weeks of pregnancy is considered not to pay attention to medical safety, because it is very risky for the health and safety of prospective mothers. In addition to the risk of bleeding, another impact that may occur during abortion in a 14-week pregnancy is infection and psychological trauma.

According to dr. Ari, the government needs to involve professional organizations in establishing the safety provisions for abortion.

"I was a bit wondering if it was up to 14 weeks, because it was very risky," he said.

"So the point that I convey, the greater the gestational age, the greater the risk," dr. Ari added.

With the legalization of the practice of conditional abortion, the National Commission on Violence Against Women or Komnas Perempuan views that this regulation can strengthen legal protection for rape victims.

Komnas Perempuan Commissioner, Retty Ratnawati, said that before this regulation was issued, rape victims who wanted to have an abortion had the potential to be criminalized, as did health workers who helped the process.

The criminalization of rape victims that occurred in Jambi in 2018 could be one proof. A 15-year-old girl who was raped by her own eldest brother was sentenced to six months by the local district court for having an abortion.

Criminalization of women victims of rape who access abortion services, whether safe or not, shows that even though it is allowed according to law, abortion for rape victims is still considered a thing to fear, be condemned, and prohibited.

In fact, victims also have to face the various impacts of rape and rape can worsen the victim's condition. Not to mention if rape victims are children, who sometimes lose their right to education because they have to continue their pregnancy. Childbirth of victims means putting women in layers of injury, namely as victims of rape and criminalized women.

With this regulation, Komnas Perempuan hopes to accelerate procurement and strengthen access to services in order to ensure the fulfillment of the right to recovery for the victim's women.

Safe abortion services are a real need for victims of sexual violence and part of the recovery system that must be available to victims. This service is intended to reduce the threat of mental health problems in victims due to pressure from unwanted pregnancies.

In addition, to prevent the psychological impact of children in situations of rejection and pressure on victims to raise children due to sexual violence.