Abortion in Indonesia

by Elisabeth Garnis | 28/03/2024 10:31 am

This edition of ICLU discusses the regulation in Indonesia regarding Abortion in the new Criminal Code, Law No. 1 of 2023, and other domestic laws. Plenty of the abortion situation in Indonesia is not systematically reported because of the abortion policy in Indonesia, which still regulates all aspects of abortion from an act, information until service with punishment approach.

Before the new Criminal Code, the permissibility of abortion was only limited to conditions, namely, pregnancy as a result of rape with a limited gestational age of only eight weeks and a detected medical emergency indication from an early age of the pregnancy, either threatening the life of the mother and/or fetus, which suffering from severe genetic disease and/or congenital disorder, or those who cannot repair, making it difficult for the baby to live outside the womb.

However, for those two limited conditions, a study from ICJR in 2020 found that there was no safe abortion service to be accessed by the public. One of the obstacles is because of limited regulations, which the gestational age limit for conducting an abortion for rape victims is eight weeks, so it is impossible to build a health system in providing services.

In the New Criminal Code discussion, before it was passed, there was a policy proposal to increase the gestational age limit to allow conducting an abortion, not only for rape victims but for sexual violence to become 120 days. It was included in the Draft of New Criminal Code (RKUHP) November 2019 version after a series of protests back in September 2019 about the draconian character of the draft, one of which related to women’s rights. But then, some developments occurred, and until it passed, the novelty in the Criminal Code relates to abortion for victims of sexual violence becomes for the gestational age limit of 14 weeks and pregnancy for medical emergency indications, as stated in Article 463 paragraph (2) Criminal Code. This article will discuss whether these developments are sufficient for fulfilling the rights of victims of sexual violence in Indonesia.

Happy reading!

Download the document in here[1]

Artikel Terkait

  • 21/11/2023 ICLU: New Death Penalty Law in Indonesia[2]
  • 28/09/2022 Ministry of Health to Immediately Assign A Healthcare Facility for Safe Abortion and the Government and the House of Representatives to Strengthen the Guarantee to Safe Abortion in the draft Bill of Penal Code[3]
  • 19/11/2018 ICLU: Indonesia’s Legal Framework on Anti Terrorism[4]
  • 09/07/2018 ICLU: Draft Bill on Wiretapping: How Is It Regulated?[5]
  • 30/08/2017 ICLU 3/2017: Indonesia’s Legal Framework on Defamation Law[6]
Endnotes:
  1. in here: https://icjr.or.id/wp-content/uploads/2024/03/E-Book-ICLU-Abortion-in-Indonesia-1.pdf
  2. ICLU: New Death Penalty Law in Indonesia: https://icjr.or.id/iclu-new-death-penalty-law-in-indonesia/
  3. Ministry of Health to Immediately Assign A Healthcare Facility for Safe Abortion and the Government and the House of Representatives to Strengthen the Guarantee to Safe Abortion in the draft Bill of Penal Code: https://icjr.or.id/ministry-of-health-to-immediately-assign-a-healthcare-facility-for-safe-abortion-and-the-government-and-the-house-of-representatives-to-strengthen-the-guarantee-to-safe-abortion-in-the-draft-bill-of-p/
  4. ICLU: Indonesia’s Legal Framework on Anti Terrorism: https://icjr.or.id/iclu-indonesias-legal-framework-on-anti-terrorism/
  5. ICLU: Draft Bill on Wiretapping: How Is It Regulated?: https://icjr.or.id/iclu-draft-bill-on-wiretapping-how-is-it-regulated/
  6. ICLU 3/2017: Indonesia’s Legal Framework on Defamation Law: https://icjr.or.id/iclu-32017-indonesias-legal-framework-on-defamation-law/

Source URL: https://icjr.or.id/iclu-abortion-in-indonesia-2023-update/