Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health
DOI:
https://doi.org/10.38035/jlph.v5i4.1513Keywords:
Abortion, Human Rights, Legislation, Health, Criminal LawAbstract
Abortion in Indonesia is a complex legal and ethical issue, sparking debates concerning human rights (HR) from the perspective of the fetus's right to life and women's reproductive health rights. Legally, abortion is governed by the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, Law No. 1 of 2023 on the Criminal Code, and Law No. 17 of 2023 on Health. Human rights related to abortion encompass two primary perspectives: the fetus's right to life as part of humanitarian principles and women's right to reproductive health, including access to abortion under specific conditions such as medical indications or cases of rape. While abortion is generally viewed as violating humanitarian principles, Indonesian law accommodates certain exceptions to save the mother’s life or provide justice for victims of sexual violence. This study aims to foster public awareness that abortion in Indonesia remains strictly regulated within the legal framework, balancing human rights and societal moral values.
References
Budiharjo, M. (1985). Fundamentals of Political Science. Jakarta: Gramedia.
Government of the Republic of Indonesia. (2021). Presidential Regulation No. 53 of 2021 on the National Action Plan for Human Rights 2021-2025.
Gulardi, H. W. (2012). Issues of life and fetal development. In M. U. Anshor, et al. (Eds.), Abortion (p. 4). Magazine.
Kalibonso, R. S. (n.d.). Abortion from a legal perspective. In M. U. Anshor, et al. (Eds.), Abortion (p. 51). Ibid.
Law of the Republic of Indonesia No. 1 of 2023 on the Criminal Code.
Law of the Republic of Indonesia No. 17 of 2023 on Health.
Law of the Republic of Indonesia No. 39 of 1999 on Human Rights.
Nurdin, N., & Athahira, A. U. (2022). Human rights, gender, and democracy. C.
Suryani, L. (2021). Driving factors and abortion practices in Indonesia. Journal of Gender and Child Studies, 8(2), 25-44.
Tumbelaka, N. A., Hadjon, E. T. L., & Lamury, E. T. (2019). The legality of abortion in international human rights law. Faculty of Law, Udayana University. Retrieved from https://ojs.unud.ac.id
United Nations. (1948). Universal Declaration of Human Rights (Article 3). Retrieved from https://www.un.org/en/universal-declaration-human-rights/
United Nations. (1979). Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 12. Retrieved from https://www.ohchr.org/en/professional-interest/convention-elimination-all-forms- discrimination-against-women
United Nations. (1989). Convention on the Rights of the Child. Retrieved from https://www.ohchr.org/en/professional-interest/convention-rights-child
United Nations. (1994). International Conference on Population and Development (ICPD) Programme of Action. Cairo, Egypt. Retrieved from https://www.unfpa.org/icpd
Unit ed States Information Agency. (1991). What is democracy.
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