Evaluation of Abortion Measures in Government Regulation No. 28 of 2024 on The Right to Life of the Fetus From a Human Rights Perspective
DOI:
https://doi.org/10.46799/jst.v5i11.1023Keywords:
Government Regulation, abortion, human rights, law, Criminal Code, right to life, fetusAbstract
Indonesia has legalized abortion under certain conditions, such as pregnancy resulting from rape,
through Government Regulation No. 28/2004. This policy has sparked heated debate because it
contradicts the principle of protecting the right to life of the fetus. This study aims to provide a complex
overview of the issue of abortion in Indonesia and its implications for human rights. The method used is
normative legal research. This research is conducted by examining library materials or secondary data.
The two approaches used are a statutory approach related to the legal issue of abortion and a
conceptual approach to examine the medical legal understanding of abortion due to rape. Cases of
sexual violence and rape in Indonesia are still high. In 2023, Komnas Perempuan recorded 2,078 cases of
sexual violence, of which 143 were rapes. Abortion, in this context, is often used as a solution to address
unwanted pregnancies. This research shows that while Government Regulation No. 28 of 2024 provides
legitimacy to abortion, it is still contrary to the right to life of the fetus guaranteed by law. While
abortion is considered a violation of the right to life, this policy is also considered a protection for
women victims of sexual violence. Despite arguments to protect women's rights, the right to life of the
fetus as a non-derogable right should not be ignored. Therefore, there needs to be a review of this
regulation to ensure that all human rights, including the right to life of the fetus, are optimally
protected.
Downloads
References
Bourke, J. (2015). Rape: A History from 1860 to the Present. Hachette UK.
Filippi, V., Chou, D., Ronsmans, C., Graham, W., & Say, L. (2016). Levels and causes of maternal
mortality and morbidity. Disease Control Priorities, 2, 51–70.
Foster, D. G. (2021). The turnaway study: ten years, a thousand women, and the consequences
of having—or being denied—an abortion. Simon and Schuster.
Goodwin, M. (2014). Fetal protection laws: Moral panic and the new constitutional battlefront.
Calif. L. Rev., 102, 781.
Kuebelbeck, A., & Davis, D. L. (2023). A gift of time: Continuing your pregnancy when your
baby’s life is expected to be brief. JHU Press.
Ngema, N. M. (2023). Regulation of Abortion and Distribution of Contraceptives in the Context
Syntax Transformation: Vol 5 No. 11 November 2024 1305
of Indonesia’s Human Rights Obligations. Perspectives of Law and Public Administration,
(4), 582–589.
Organization, W. H. (2015). Strategies towards ending preventable maternal mortality (EPMM).
Ratnawati, E. T. R. (2022). Aborsi Dan Hak Hidup Janin Dalam Perspektif Hak Asasi Manusia Dan
Kesehatan. Juris Humanity: Jurnal Riset Dan Kajian Hukum Hak Asasi Manusia, 1(1), 1–13.
Sinambela, T. A., & Melatyugra, N. (2022). Ilegitimasi Aborsi Oleh Korban Perkosaan
Berdasarkan Hak Untuk Hidup Janin. Jurnal Ilmu Hukum: ALETHEA, 5(2), 111–128.
Speckhard, A. (2022). Traumatic death in pregnancy: The significance of meaning and
attachment. In Death and trauma (pp. 67–100). Routledge.
Swanson, R. J., & Liu, B. (2022). Conception and pregnancy. In Fertility, Pregnancy, and Wellness
(pp. 53–71). Elsevier.
Woodman, M., & Sieff, D. F. (2014). Spiralling through the apocalypse: Facing the Death Mother
to claim our lives. In Understanding and Healing Emotional Trauma (pp. 64–88).
Routledge.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Florencia Desiree, I Gusti Ayu Putri Kartika, I Gede Sastra Winata, Piers Andreas Noak
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
