After passing a new health regulation that bans the sale of cigarettes per stick, there is another particular clause in the regulation, including legalizing abortion for rape victims.
President Joko Widodo, through the signed Government Regulation (PP) Number 28 of 2024 on Health, allows the practice of abortion with certain notes.
The regulation states, “Every person is prohibited from performing an abortion, except for indications of medical emergencies or for victims of criminal acts of rape or other criminal acts of sexual violence that cause pregnancy by the provisions in the criminal code.”
However, Article 118 states that pregnancy due to rape or sexual violence must be proven by a doctor’s certificate of gestational age by the occurrence of criminal acts of rape or other criminal acts of sexual violence that cause pregnancy.
As reported by Antara, the abortion procedure due to sexual violence must be based on the following provisions:
- Show a doctor’s certificate regarding the gestational age and the investigator’s statement about the alleged rape.
- The victim is provided with counselling assistance before and after the abortion.
- Abortion can only be done with the consent of the victim
- It can only be done in advanced healthcare facilities
- Abortion is performed by medical personnel according to their competence.
- If the victim cancels the abortion, she will be assisted during pregnancy, childbirth, and postpartum.
The Women’s Commission in Indonesia welcomes legal abortion decision
The National Commission on Violence Against Women (Komnas Perempuan) welcomes the provision of abortion for victims of sexual violence resulting in unwanted pregnancies.
Chairperson of The National Commission on Violence Against Women, Andy Yentriyani, expressed her hope that this regulation would significantly improve access to services, ensuring the right to recovery for women victims.
“Safe abortion services are a real need for victims of sexual violence and are part of the recovery system that must be available to victims,” Andy said.
Indonesian Ulema Council (MUI) Chairman KH Muhammad Cholil Nafis said his party agreed with Government Regulation (PP) Number 28 on Abortion. The regulation contains provisions that aborting the pregnancy is only allowed in certain cases.
“We (MUI, ed) agree that abortion is prohibited. It is not recommended and not allowed,” Cholil said in a conversation with Pro3 RRI on Friday, 2 August 2024.
He emphasized that although it is not recommended and allowed, several cases can be used as exceptions. For example, if the doctor states that the pregnancy can have an impact on the death of the mother.
Cholil added that his party also agreed if the child in the womb was not alive. “That can be done,” he said.
