Tinjauan Yuridis terhadap Perbuatan Aborsi dalam Perspektif Hukum Kesehatan di Indonesia

Abstract

Abortion is the act of terminating a pregnancy or fetus. In Indonesia, abortion is regulated under health law. This paper aims to review the act of abortion from the perspective of health law in Indonesia. Absolutely, abortion is prohibited and regulated under Articles 346, 347, 348, and 349 KUHP. However, in Undang-Undang No 1 of 2023, the prohibition of abortion is exempted for victims of rape or sexual violence, as stated in Article 463, paragraph (2). Furthermore, abortion is also prohibited under Article 75, paragraph (1) Undang-Undang No 36 of 2009 concerning health. Over time, there have been changes in Article 60, paragraph (1) Undang-Undang  Number 17 of 2023 concerning health. The method applied in this research is normative and qualitative. This study utilizes legislation as primary legal material and literature review as secondary legal material. Undang-Undang Number 17 of 2023 provides exceptions allowing abortion in cases of maternal health, fetal disability, rape, and high-risk pregnancies. Required evidence for these exceptions includes a medical emergency diagnosis, and in cases of rape, a police report, medical documentation, witness statements, and a certificate from the medical team.