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Legal abortion is the act of stopping pregnancy or turning off the fetus before the time of birth,

regardless of the age of the womb. Abortion does not question whether the abortion of the baby is
born alive or dead. WHO estimates that 10-50% of unsafe abortions are carried out and ends with
the death of the mother. Unsafe abortion rates are high, estimated that every year in the world
there are around 20 million unsafe abortions, 26% of them are classified as legal and more than
700,000 unsafe abortions in developing countries end the mother's death. One of the developing
countries is Indonesia. Along with the times and in this era of globalization crime cases are
increasingly high due to the rapid rate of population growth in Indonesia. A survey conducted by
WHO in several countries in Asia in 1996, Indonesia has the highest ranking. The survey was
conducted on women over 16 years in the cities of Jakarta and Surabaya. Of the 1400 samples, 2.7%
had experienced rape, in Bombay in 1200 samples 1.9% and in Manila in 1500 samples were 0.35%.

In rape cases, pregnant victims as a result of rape will have a negative impact on the development of
the victim's psyche and psyche. So the victims wished to end the pregnancy. Until now, from the
perspective of law in Indonesia the implementation of abortion in pregnancy due to acts of rape
actually does not have a legal umbrella that protects it, but on the other hand it is impossible to just
let victims get the mental, mental and psychological torture, so they wish to end pregnancy with
their own way or other unsafe ways. With the promulgation of Health Law No. 36 of 2009, it has
legalized abortion in pregnancy due to rape.

The legality of abortion was strengthened by the issuance of Government Regulation (PP) No. 61 of
2014 signed by President Susilo Bambang Yudhoyono on July 21, 2014. However, the emergence of
the PP reaps many protests from various circles of society. In the PP, it is explicitly stated that
abortion can be done if there are medical emergency conditions and for rape victims. The act of
abortion due to rape can only be carried out at the age of 40 days calculated from the first day of the
first menstruation.

It is still under discussion for the technical guidelines for the implementation of abortion according
to PP No. 61 of 2014. The plan is that in the technical regulations for implementing the PP, the
government can refer to certain hospitals that are allowed to have abortions for rape victims.
However, according to the Senior Researcher at the Center for Administrative Studies and Health
Policy, Faculty of Public Health, University of Indonesia (FKM UI) Dr. Budi Hartono, SE, MARS, there
will be many considerations for implementing the PP. These considerations are aspects of humanity
and health aspects. Although PP number 61 of 2014 has been legalized, this PP still reaps a lot of
pros and cons. This PP which was approved by President Susilo Bambang Yudhoyono contained
about reproductive health. This PP has drawn much controversy, especially in Chapter IV which
provides an explanation of the exclusion of the abortion ban. Article 31 PP no. 61 of 2014 written
"The act of abortion can only be carried out based on indications of a medical emergency or
pregnancy due to rape. The act of abortion due to pregnancy due to rape can only be done if the
gestational age at the age of 40 is calculated from the first day of the last menstruation. "

Some reasons why some people do not agree with PP no. 61 of 2014, namely the absence of clear
technical instructions for implementing PP Abortion, because there is no Minister of Health
Regulation released specifically to follow up this PP Abortion technically to be implemented in the
field. Judging in terms of health risks, the risk of abortion is much higher than giving birth. For
reasons of pregnancy due to rape, in terms of the norms of the community itself, abortion is
tantamount to continuing to receive the same social sanctions as childbirth of rape. This PP can also
be misused by those who are not rape victims to have an abortion. Investigations about the
duration of pregnancy are also difficult to do, given that many women are aware that they are
pregnant after more than 40 days of their menstrual cessation.

On the other hand, from those who support the legalization of abortion such as Deputy Chairperson
of the House of Representatives Commission VIII, Ledia Hanifa Amaliah, he is very confident that if
an abortion for reasons that are in accordance with predetermined regulations will not cause

According to the Health Law (Article 75) abortion may be carried out but with a number of
conditions or conditions, such as indications of medical emergencies detected at an early age,
whether threatening the life of the mother and / or fetus, then for pregnant women suffering from
severe genetic diseases and / or congenital defects, which cannot be repaired, making it difficult for
the baby to live in the wilderness, and pregnancy due to rape which can cause psychological trauma
to rape victims. Abortion can be done after going through counseling and / or pre-action counseling
and ending with counseling after the actions taken by competent and authorized counselors.

In addition to some of the conditions mentioned above, there are a number of conditions to be able
to have an abortion, namely abortion can only be done before pregnancy is 6 (six) weeks counted
from the first day of last menstruation, then abortion must also be performed by health authorities
who have the skills and authority who has a certificate determined by the minister, and the most
important is the approval of the relevant pregnant mother and husband (except rape victims). It
must not be violated because of the safety and health of the pregnant mother who is going to have
an abortion.

Based on the description above, it can be concluded that abortion can be legalized in terms of
pregnancy due to rape and an indication of a medical emergency that threatens the life of the
mother or promises that are in the womb. However, a reassessment is needed, whether the
regulation on the legality of abortion is truly effective or may backfire in the future, because the rule
is a legal reason for unscrupulous medical personnel and people not responsible for legalizing
abortion that should be illegal.