VIEWED FROM ABORTION LEGAL ASPECTS OF POPULATION, REPRODUCTIVE RIGHTS AKI AND WOMEN
I. INTRODUCTION The issue of abortion is already referred to in Law No. 23/1992 but it is not going to be material to the issue of deployment. Perhaps because disguised in terms of a particular medical treatment or because the law was born in the days of authoritarian government that no one dared bereaksi.Istilah certain medical procedures became unclear because certain medical procedures that are not described, but vague. Actually, Law No. 23/1992 was intended to carry out the legalization of abortion, with certain conditions.Abortion is part of the pregnant woman bleeding in the first trimester. Bleeding like this is a situation that is not normal and should be wary of. As for the types of bleeding in early pregnancy a woman's age (less than 3 months are as follows: 1. Abortion (miscarriage). 2. Blighted ovum. 3. Pregnant wine (hydatidiform mole). 4. Pregnancy outside the womb (KET: Ectopic Pregnancy disturbed). Abortion is bleeding from the womb of a pregnant woman which for whatever reason, then the pregnancy is fall in and out of the womb with blood. usually accompanied by lower abdominal pain as knead and sore. Abortion subdivided into SAB caused by physical conditions dropped, hormonal
imbalance, trauma or other causes. artificial abortion, which is divided into abortion provocatus terapetikus (artificial legal) abortus and provocatus criminalis (made illegal). provocatus terapetikus Abortion is abortion performed under conditions medical and means are justified by the law, usually for medical reasons to save the life / heal the mother. Abortion abortion provocatus criminalis adalh a purpose other than to save / heal the mother, performed by medical / non-medical (shaman) whoincompetent and unqualified and the means are justified by the law. Usually it contains elements of criminal or crime. terms of medical abortion as for stages of sponta are as follows, abortion iminens, ie signs of bleeding that threatened the existence of abortion, where the fetus itself has not been expelled from the uterus. situation can still be saved as a hormonal medication and bed rest. Abortion insipiens, that abortion is in progress, with a lot of bleeding regardless accompanied fetus from the womb. types are usually thefetus can no longer be saved. Abortion inkomplitus, which has occurred opening the womb, the fetus is off and out of the womb, but there are still remaining attached to the placenta in the womb, and cause a lot perdahan before the placenta is completely out of the womb. The treatment should be performed curettage to remove the remaining placenta. Abortion komplitus, namely abortion where the fetus and placenta are completely out of the womb, although there are still remnants of the bleeding that sometimes still require curettage to clean. yet another pregnancy due to rape or incest.Because abortion is legal in Indonesia is not allowed, then they are confused will seek help through the dangerous illegal practices. they also often delay a decision so late that it did so after life-threatening.
II. PROBLEM. The existence of a pregnancy resulting from a rape or something undesirable outcome decision to abort unwanted pregnancy for rape victims, still invite disagreement among the various religious leaders, scientists, legal experts, and the public. Continue the pregnancy until delivery is already a heavy burden for women.Moreover, if the need to raise the seed of rape. However, the decision to have an abortion was not a minor thing. In addition because of the social stigma that will haunt, in a country that does not legalize abortion should they consider various aspects, from the aspect of religion, morals, law, until the medical aspect. In the group that did not agree to an abortion, when asked them about their opinions when this incident happened to a family, it turns out they had agreed to an abortion. PROBLEM abortion be very serious, because in addition to medically - if done recklessly - it could endanger the lives of the mother, in terms of religious obviously dilarang.klinik abortion abortion in Jakarta and other major cities were there. A closed, others still open "practice". That amount plus a shaman or non-medical personnel who serve the same thing. He mentioned that there are two kinds of abortion, spontaneous abortion (occurs with sedirinya, miscarriage) and abortion provokatus (intentional, aborted). Abortion provokatus divided, abortion provokatus artificialis / medisinalis / therapeuticus and provokatus criminal abortion. "Abortion is provokatus artificialis of pregnancy that is done by the pregnancy would endanger the mother's life. While provokatus criminal abortion is that abortion is illegal. Abortion is done usually by using the tools or certain medications," Data surprisingly, survey reports Health Household (Household Health Survey) in 1995 showed the causes of maternal mortality in Indonesia (related to pregnancy and childbirth) 11.1% due to abortion complications. Abortion provokatus actually allowed, if they meet the medical criteria. Under Article 15 of the Health Act number 23 of 1992, as an emergency effort to save the lives of pregnant women and or fetus, to do certain medical procedures. Certain medical procedures referred to in paragraph 1 may only be based on medical indications that require such action taken. Performed by health workers who have the skills and authority to do so and in accordance with professional responsibility and consideration of a team of experts; approved by concerned pregnant women or their husbands or their families; their particular health facility. "This means, the action in the form of medical abortion for any reason is prohibited, as opposed to the rule of law, religion, ethics and courtesy. But in an emergency, in order to save life or the mother and the fetus, it can be given medical treatment .. The question is how the case is before the law allowed or not? Who is the party - the party must be legally defensible? Responsibilities are to be borne?
This question needs to be given an explanation to answer whether the case - the case can be resolved legally? Bagaiamanakah status of abortion for incest victims and pemerkosan
In addition, health workers should be able to do it with expertise and authority, ie, an obstetrician and disease content. However, before performing certain medical procedures, health care providers must first ask for consideration from a team of experts that can consist of a variety of fields, such as medicine, religion, law and psychology, III. DISCUSSION PROBLEM
Abortion in another definition can be interpreted as the end of pregnancy, which can occur spontaneously due to a physical abnormality caused female or internal biomedical disease or may be deliberate through human intervention. Abortions that occur due to factors internal bionedis called such miscarriage is not a controversy.
Ethics Law and Religion questioning abortion caused by direct human intervention. There is also a call "abortion for life" for the right conditions - really urgent for the salvation of the soul of the pregnant woman but "abortion for choise" done by choice and will of its own, this is illegal and can not be justified. Aspects of the law on abortion Before further discussion will be presented, abortion and juridical reference specified in: Article 299 Criminal Code: (1) Whoever knowingly treat a woman or a woman have to be treated to notify or publish a hope that because of medication abortion could fall, shall be punished with imprisonment for ever four years or a fine of as much as forty-five thousand dollars. (2) If the guilty act for profit, or commit crimes for a living or a habit or if he was a doctor, midwife or interpreter drugs, crime can be added a third. (3) If you are guilty of a crime in his work, it can be deprived of the job. Article 346 Criminal Code: Women who intentionally causes abortion fall or die, or get someone else caused it, sentenced to four years old forever. Article 347 Criminal Code: (1) Whoever willfully causes or fall off a woman's womb is not with her consent, shall be punished with imprisonment for twelve years-old. (2) If the act that resulted in her death, he shall be punished with imprisonment for fifteen years-old. Section 348 of the Criminal Code: (1) Whoever willfully causes or fall off the womb of a woman with her consent, shall be punished with imprisonment for ever five years and six months. (2) If the act was over she was dead, he shall be punished with imprisonment for seven years-old. Article 349 Criminal Code: (1) If a doctor, midwife or interpreters assist drug crime in Article 346, or guilty of a crime or help one described in articles 347 and 348, the offenses specified in the article can be added a third and may be revoked right to do his job used to execute the crime. Based on the articles mentioned above, it can be concluded that the parties can realize the abortion is: 1. Someone who does that send medication or treatment to women, so that they can fall ingredient. 2. Women themselves who make the effort or get someone else, so it can fall ingredient. 3. A person who without the permission of causing the death of a woman's womb. 4. Someone with a license causing death of a woman's womb.
5. Someone mentioned in item 1, 2, 3, and 4 which includes doctors, midwives, public medicine, and other parties related to medical.
Eyes of legal abortion for any reason is not allowed. Abortion is an act that is prohibited by the Act - Act. As set forth in section 346-349 of the Criminal Code which among other things set up this way: Based on the above arrangement of the Criminal Code can be interpreted to mean that for any reason and by any abortion or birth abortion banned. The law does not give the slightest chance to do an abortion. The threat of heavy penalties confirms ban.
While in Law - Law No. 23/92 on health setting somewhat more lax. This can be seen in the following terms: Article 15: 1 In urgent circumstances and in order to save the lives of pregnant women or unborn, is allowed to do a specific medical procedure. Explanation of this article states that:
Abortion for any reason is not allowed because it is against the rule of law, religion, ethics and norms in force, except for life safety of pregnant women and unborn, abortion: allowed Article 15: 2 on medical measures referred to in paragraph (1) may only be made: A. Based on the medical indications that require such measures taken; B. By health professionals who have the expertise and authority to do so and in accordance with professional responsibility and consideration by a team of experts; C. With the approval of the concerned pregnant women or their husbands or keluaragnya; D. In some health facilities;Article 15: 3 Further provisions concerning the medical treatment given as
Referred to in paragraph (1) and paragraph (2) shall be stipulated by PP
Under the terms of the above can be interpreted to mean that even the act of abortion is possible but should be done with extreme care - care. The decree also strongly demanded to health workers or doctors concerned to make considerations - considerations that justified the medical standards under the Act.And most importantly of course, moral and humanitarian measures are never integral part in the action
Furthermore, to limit the act of abortion is Article 80 (1) provides that the following criminal threat "Whoever willfully certain medical acts against pregnant women who do not comply with the provisions referred to in Article 15 paragraph (1) and paragraph (2) shall be punished with imprisonment of fifteen (15} years and a maximum fine of Rp. 500, 000, 000, - (five hundred million)
Meanwhile, the provisions of Article 17 of Law 23/92 the following explanation indicates the importance of protecting children by improving children's health from the womb, it can also be interpreted as a limitation on actions that endanger the lives of children who are still in the womb (including abortion)
Meanwhile, if we look Rights Convection - Child rights explained that one of the children's rights is the right to "survival". It is as contained in Article 6 of the CRC, which includes among other things: (1) Provided that the State recognizes the right of every child that is the nature of life, (2) the State shall ensure to the maximum extent possible the survival and development of children
Whereas, in the explanation of Article 15 paragraph (1) of Health stated that "medical action in the form of abortion for any reason is prohibited as contrary to legal norms, religious norms, moral norms and the norms of decency. However in case of emergency in an attempt to save mother's life and or the fetus, certain medical action can be taken. " So the only indication that permitted under the Health Act is to save the lives of the pregnant mother. The ingredients used in the practice of abortion (abortion action) can only be done at certain health facilities, ie facilities that have adequate personnel and equipment to the action and has been appointed by the government. Intention to abort the fetus on or off, although only tell is already a crime. Specifically, Article 346 of the Criminal Code threatens to 4 years imprisonment for women who do or have someone else perform an abortion against abortion. Physician, midwife, or herbalist who seek an abortion, either with permission or without permission of the woman who was pregnant, was also affected by the threat of punishment between 4-15 years, with one-third weighting and an additional penalty of criminal disenfranchisement dismissed. This means that the Penal Code prohibiting abortion, even for medical reasons. However, since 1942, a Dutch court itself has softened formulation of the Penal Code by allowing abortion on medical grounds. Should the explanation of the Health Act, it should be explained clearly what is meant by emergency cases 'state of emergency'.Because it should be clear emergency basis. If not specified, worried sister abused. Brother, who in their daily struggle in a lot of research on women, comparing it with the country of Thailand. In Thailand, explained that what is meant by a state of emergency was partly due to rape, incest, unwanted child birth, mothers who have mental retardation, mothers who were aged under 13 years or under 16 years, the couple who can not afford to pay child again, or not to marry a woman who would not marry her father. How does the attitude of legal abortion for rape and incest victims?Although abortion (abortion) is prohibited by the criminal law, but it is possible if the pregnancy is the result of rape. "Women victims of rape should get legal protection if an abortion, given his long traumatized both psychologically and socially," that cases of abortion due to rape is a condition that is very distinctive. For example, if seen from the impact pascaperkosaan, no casualties were closed to the environment, there's stress, and some even want to commit suicide. abortions due to rape victims actually another crime that must be protected. He has a reason for this. First, rape is natural to determine which is best for himself, especially after he became a victim. Secondly, they are traumatized so that body and soul are not normal. "Given these conditions, there should be legal reforms," As you know, abortion laws in perspective the number 23 of 1992 prohibits abortion by establishing severe penalties for the perpetrators.Referring to this, the act of abortion should be reviewed. "What is to be seen is the cause of a permpuan do it," In this case, the protection of the law against abortion victims of rape should be applied by reference to some law. These include Article 48 of the Criminal Code. This article suggests the existence of a condition of encouragement offenders (eg pressed or squeezed between two interests just as bad) that abortion is chosen as the only way to justify the actions that should be protected by law.
the possibility of changing the law to be an option especially provision of abortion for victims of rape not really be set so as to make everyone confused. The law was made more operational. "Actually, the possibility of becoming pregnant rape victims will be smaller when soon after the incident came to the doctor and emergency-contracepcy mimun pills. However, because the victim's psychological condition that is usually very unstable, many victims who have not been able to talk to some time. thing that makes doctors were confused. According to Ali Yafie, a condition that occurs now in Indonesia, similar to what happened in Bosnia, during a mass rape committed against the Serbian army Bosnian women. Mufti or religious leaders in Bosnia, and even issued a fatwa that rape victims who become pregnant an abortion. "However, if you want aborted, gestational age should not exceed 120 days," Meanwhile, Frans Magnis Suseno found the Catholic church does not approve of abortion because abortion kill a new life. Exceptions can be granted if the pregnancy is going to threaten the safety of the mother in terms of health. "However, addressing mass rape case like this, I think the church would not condemn abortion although still not approve of abortion. In reality, abortion is legally acceptable and unacceptable there.Acceptable to the other if the mother's life-threatening pregnancy.This means, no abortion may legally do and what not to do. The distinction between what should be done and what not to do what needs to be regulated through the legal system. That is, the necessary laws that regulate abortion so that it can help women who have suffered from the RAPE OF PREGNANCY danger of becoming victims of practices that endanger the health, and even his soul. In the bill that established abortion restrictions among others, who may ask, who is allowed to do, where to do, and how to watch. Admittedly, at some point, this setting will be dealing with religious views. But we know, every religion has a different view on abortion.We also know, the people of Indonesia consists of adherents of various religions that are not possible using the rules of the religion to be a law for the whole nation, especially those related to health. Besides the above, Rape is the worst crime that afflicts women. The victims in desperate need of help and support. We need to provide more protection and assistance to them. But abortion, like rape, is a devastating act. Action to abort the fetus as the result of rape is answered brutality on innocent woman (ie rape) with brutality on the innocent victims as well. Abortion always cause loss of human life. Is abortion was the best decision for women who are pregnant because of rape? Not necessarily. Abortion does not help her to eliminate the trauma of rape. Because the act of abortion itself can cause severe mental suffering only adds to the burden of the victims. Public opinion that abortion is the best decision for pregnant rape victim who reflect the community that saw the victims as "unclean" and therefore must be "cleansed from the stain of rape" by abortion. Communities must be aware, anger, guilt, fear, lack confidence due to rape will continue to haunt the victim. Do women hate crimes birth to child rape? The first months of pregnancy, perhaps a growing sense of hate and reject the presence of the fetus in the womb. In case studies of pregnancy on the victims of rape, Dr. Susan Mahkorn found that negative attitudes first emerged slowly be turned into a positive attitude, acceptance of pregnancy and finally when they gave birth, the attitude of loving children. In these times, it also appears the confidence of victims. Legally responsible
In the perspective of legal liability is defined as the legal authority and duty to bear upon a claim or errors (and omissions) as a result of certain legal actions (in this paper tetentu legal act in question is an abortion)
Administrative responsibility must be shouldered primarily by health personnel (doctors), which under the law to act as a legal subject who represents the state in the service of the public interest that any administrative responsibilities include their license can be revoked. While the civil responsibility if it turns out to be possible due to the act "abortion" then the party - interested parties aggrieved materially as set forth in Civil Code Article 1365 and Article 1367 which essentially acts that cause harm to others must be given compensation by those who do and people - people who help commit such acts
While the obvious criminal responsibility, as stipulated in the Criminal Code and Law No. 23/92 with the threat of imprisonment in accordance with the categories of actions.Criminal threats ranging from 4 years (the lowest) and 15 (highest).Obviously minor penalties and the intent prevention Abortion: Better to Prevent than to abortIV. CONCLUSION. Abortion is already referred to in Law No. 23/1992 but it is not a matter of clarity in the operational level. Perhaps because suppressed in terms of a particular medical treatment or because the law was born in the days of authoritarian government that no one dared bereaksi.Istilah certain medical procedures became unclear because certain medical procedures that are not described, but vague. Actually, Law No. 23/1992 was intended to carry out the legalization of abortion, with certain conditions.
In terms of legalization actually means arranged through the legal system (legal system). But now there are people deliberately confuse the meaning of legalizing it as liberation (liberalization).How many times was explained that the set through the legal system, contrary to the liberalization, still perancuan meaning is disseminated. Of exposure to the discussion above we can conclude some of the following: 1. In terms of legal, moral, religious and social, abortion remains a prohibited action unless specific medical indications. 2. The decision to abort unwanted pregnancies, especially for rape victims, still invite disagreement among the various religious leaders, scientists, legal experts, and the public. Operationally in the field need a breakthrough law to protect victims, the implementation team and the Provider. Although abortion (abortion) is prohibited by the criminal law, but it is possible if the pregnancy. Occur due to rape. "Women victims of rape should get legal protection if an abortion, given his long traumatized both psychological and social." In general though many disagree abortion, because abortion is allowed does not mean that will lower the rate of population increase but when faced with a specificity "Abortion on rape victims' they will not condemn him. 3. Snacks pregnancy prevention program / Family Planning and Reproductive knowledge needs to be encouraged through an integrated team and selfless.Hopefully this writing assignment can also be useful, especially for writers in general for others.
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