ABORSI DIPERBOLEHKAN ASAL

Summary

This video addresses the legal and religious implications of abortion, referencing multiple Indonesian laws that regulate abortion under specific conditions. It outlines the circumstances under which abortion may be permitted, such as medical emergencies or pregnancies resulting from rape. The script also explains the associated counseling process, required consents, and the sanctions for illegal abortions, as stipulated in the criminal code and health regulations. The speaker concludes by emphasizing the importance of following legal procedures and seeks to provide clarity on the sensitive issue of abortion.

Takeaways

• 😀 Abortion is prohibited by both religious and state law, with specific exceptions outlined in health and child protection laws.
• 😀 The primary legal framework governing abortion includes Law Number 36 of 2009 concerning Health and Law Number 35 of 2014 concerning Child Protection.
• 😀 Abortion can be legally performed under specific circumstances, such as medical emergencies, serious genetic diseases, congenital defects, or pregnancies resulting from rape.
• 😀 In cases of medical emergencies, abortion can be carried out to protect the life and health of the mother or fetus, based on expert counseling and medical consultation.
• 😀 Abortion resulting from rape is allowed under strict conditions, requiring a doctor's certificate, investigator's statements, and psychological assessments.
• 😀 Abortion can only be performed within the first six weeks of pregnancy, except in cases of medical emergencies, with the consent of the pregnant woman and, in most cases, the husband.
• 😀 Health workers must be qualified and certified to perform abortions, and only those with the necessary skills are authorized.
• 😀 The criminal code outlines severe penalties for individuals performing abortions illegally or assisting in unlawful abortion procedures, including imprisonment and heavy fines.
• 😀 Specific sanctions for abortion perpetrators include imprisonment for up to 10 years and fines of up to 1 billion rupiah, as stated in Law Number 36 of 2009 and Law Number 35 of 2014.
• 😀 The legislation emphasizes the need for counseling before and after an abortion to ensure that it is performed with the informed consent of the woman involved and in compliance with legal and health regulations.

Q & A

What is the general stance on abortion in the script?

The script emphasizes that abortion is generally prohibited by both religious and state law. It is only permitted under certain exceptions, such as medical emergencies or pregnancies resulting from rape.

Which laws regulate abortion in the script?

Abortion is regulated by several laws, including Law No. 36 of 2009 concerning Health, Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2016 concerning Child Protection, and various provisions in the criminal code.

What are the conditions under which abortion can be performed according to Law No. 36 of 2009?

Abortion can be carried out if it involves a medical emergency or if the pregnancy is the result of rape. Additionally, it is allowed if the pregnancy endangers the life of the mother or involves severe genetic diseases or congenital defects in the fetus.

What does the law say about the timing of an abortion?

Abortion can only be performed before the pregnancy reaches six weeks, calculated from the first day of the last menstruation, except in cases of medical emergencies.

What is required before an abortion can be performed?

Before an abortion, counseling is required, including pre-action counseling and post-action counseling, conducted by a competent counselor. Additionally, the woman's consent and, in some cases, her husband's consent are required, except in cases of rape.

What are the medical conditions that justify an abortion according to Government Regulation No. 61 of 2014?

The medical conditions that justify an abortion include a pregnancy that threatens the life or health of the mother or fetus, as well as severe genetic diseases or congenital defects in the fetus that would make it difficult for the baby to live outside the womb.

What are the legal consequences for performing an abortion outside the law?

The legal consequences for performing an illegal abortion include imprisonment and fines. For example, Article 346 of the criminal code provides a penalty of up to four years of imprisonment for causing a miscarriage, while Article 348 imposes a maximum of five years and six months for abortion with the pregnant woman's consent.

How does the script define abortion resulting from rape?

Abortion resulting from rape is defined as a pregnancy caused by sexual intercourse without the woman's consent. This must be substantiated by medical certificates, statements from investigators, psychologists, and other experts.

What is the role of health professionals in carrying out an abortion under the law?

Health professionals, particularly doctors with appropriate skills and certification, are authorized to perform abortions in cases of medical emergencies or rape. They must adhere to specific legal requirements, including counseling and obtaining consent.

What are the penalties for health workers who assist in illegal abortions?

Health workers, such as midwives or pharmacists, who assist in performing illegal abortions face increased penalties, including imprisonment and the potential loss of their professional licenses.