Photo illustration of a dictionary entry for “abortion” - Photo: Shutterstock file
JAKARTA: Women’s and human rights groups have welcomed a new regulation that strengthens guaranteed access to safe abortion, but also underlined the importance of more detailed provisions to enforce implementation on the ground.
Issued on July 26, Government Regulation (PP) No. 28/2024 is the implementing regulation for the 2003 Health Law passed last year.
Among the hundreds of health issues addressed in the new PP are provisions mandating the right to abortion for victims of rape and sexual violence.
It also categorizes pregnancies that pose a risk to the life of the mother as a medical emergency that is guaranteed access to abortion services.
Abortion remains a criminal offense in Indonesia that carries a maximum punishment of four years in prison.
But the 2009 Health Law made an exception for victims of rape.
A revision to the law, which the House of Representatives enacted last year, strengthened this provision while mandating its enforcement in line with the new Criminal Code (KUHP) that goes into effect in 2026.
The new KUHP upholds the abortion exception for survivors of rape, provided that the pregnancy is less than 12 weeks old, as well as for women with life-threatening medical conditions.
It also expands the definition of rape to include marital rape, statutory rape and rape of a person with intellectual disabilities.
The National Commission on Violence Against Women (Komnas Perempuan) welcomed the government regulation, saying it provided a solid framework to guarantee access to abortion for survivors of rape and sexual violence.
“We appreciate the regulation’s affirmation that the decision to have an abortion is the authority of the victim, and that it also ensures the availability of counseling services for them,” the commission wrote in a statement on Saturday.
According to Komnas Perempuan data, 103 cases of rape-related pregnancy were reported between 2018 and 2023, almost all of which were unable to access to safe abortion.
Safety first
The commission highlighted the importance of access to safe abortion as part of “the mechanisms of recovery that must be made available to victims”, as women with unwanted pregnancies suffered adverse impacts to their mental health and well-being.
Dian Novita, of the Legal Aid Foundation of the Indonesian Women’s Association for Justice (LBH APIK), said she hoped to see safe access to these mechanisms when the new PP and Criminal Code became effective in 2026.
“[This] regulation should be the gateway to easier access to safe abortion in the country,” Dian said.
She also lauded a certain article in the new PP that required the provision of medical assistance to survivors before and after abortion, noting that post-abortion care was equally important for a woman psychological health.
But Dian also highlighted that challenges remain, in particular regarding the readiness of hospitals and health workers in providing abortion services.
Komnas Perempuan also pointed to several articles that might restrict access to safe abortion, such as one that required survivors to provide a statement from law enforcement attesting that their pregnancy resulted from rape or sexual violence.
“This provision limits the option [to seek legal abortion on proof] from only [law enforcement] investigators, whereas a 2016 health ministerial regulation allowed victims to [submit recommendations] from psychologists or other experts,” the commission said in its statement.
The Institute for Criminal Justice Reform (ICJR) concurred with this view, saying that the police lacked internal guidelines on assisting victims in obtaining referrals for emergency contraception or abortion.
The rights group cited a case in 2021 when the police rejected a request for abortion from a 12-year-old survivor of rape in Jombang, East Java, even though her pregnancy had not reached eight weeks.
In addition to a police statement, the PP also requires women seeking an abortion to submit a letter from a doctor confirming their pregnancy was less than 14 weeks, in line with the Criminal Code.
Both Komnas Perempuan and the ICJR criticised an article in the new regulation limiting the provision of abortion services to large clinics and hospitals, whereas the 2016 ministerial regulation also allowed small clinics and Puskesmas (community health centers) to provide abortion services.
The ICJR urged the National Police to commit to referring victims of rape and sexual abuse to safe abortion services and the Health Ministry to quickly designate those health facilities permitted to deliver abortion services.
“Solid commitment from stakeholders to realise safe abortion services on the ground is crucial,” it said in a statement. - The Jakarta Post/ANN
