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The Risk of Abortion and its Legal Consequences

There are various reasons for a woman to have an abortion for her pregnancy. However, what needs to be known is that abortion saves the risk from the medical side, especially if it is done unsafe or illegal. Inability to finance, lack of family support, problems with a partner, and social pressure due to pregnancy outside of marriage are some of the common reasons for having an abortion.

Methods and Risks of Abortion

There are two methods used in abortion, namely using drugs or surgical procedures. The process of abortion using the drug method is to block the hormone progesterone, so the lining of the uterus thinning. This then prevents the embedded fetus from growing. The effects of drugs used for abortion will also cause the uterus to contract, so the embryo / fetal tissue will be removed through the vagina. Meanwhile, abortion with the most common surgical method performed is vacuum aspiration. There are two tools that can be used, namely manual vacuum aspiration (MVA) which uses a suction tube manually to remove the embryo from the uterus, and electric vacuum aspirastion (EVA) using an electric pump. For abortions of more than four months gestational age, the surgical method used is Dilation and Evacuation (D&E). This method uses surgical equipment to open the cervix and suck the fetus to remove it from the uterus. However, it must still be considered that the risk of abortion is not small, especially if it is done not by medical personnel for the right reasons, and is done by an unsafe method, in a place with limited facilities. Some of these risks include:
  • Heavy bleeding.
  • Damage to the condition of the uterus or infection due to incomplete abortion.
  • Some disorders of the reproductive system, such as pelvic inflammatory disease.
  • Infertility
  • Ectopic pregnancy can occur in subsequent pregnancies, especially if an infection occurs due to an abortion that is not handled properly.
  • The condition of the cervix is ​​not optimal because of repeated abortions, which increases the risk of miscarriage in the future.
All types of abortion have a risk of complications. Pregnancy also plays a role in determining the level of risk. The older the pregnancy, the higher the risk of the abortion performed.

The category of dangerous abortion

Abortion carries a significant amount of risk in terms of health and legal sanctions. The risk will be higher if the abortion is done illegally and is not clinically safe. The World Health Organization (WHO) explains the category of unsafe abortion, including:
  • Performed by perpetrators who do not have adequate medical expertise in the field of abortion.
  • Facilities that do not adequately meet the hygiene requirements.
  • Inappropriate equipment.
The place that is commonly used for illegal abortion practices can be in the form of an abortion clinic, which is performed by an unofficial doctor. Even though they have a medical background, they are not necessarily supported by appropriate facilities or equipment. In addition, massage shamans are also often the choice of women who want to have an abortion in Indonesia. Of course this is very dangerous, considering the shaman does not have the appropriate medical expertise, facilities and equipment. Likewise, abortion efforts undertaken by pregnant women themselves by taking drugs or using certain tools, should be avoided.

Abortion has legal sanctions

Intentional abortions can be subject to legal sanctions. That can only be excluded under certain conditions. In Indonesia, the regulation on abortion is contained in Law No.36 of 2009 concerning Health and the Criminal Code (KUHP). In general, everyone is prohibited from having an abortion. Based on article 75 of the Health Law, it is stated that there are only two exceptions to abortion for medical reasons:
  • First, there are indications of health emergencies at an early age of pregnancy that threaten the lives of the mother and / or fetus, the fetus suffers from severe genetic disorders, or congenital defects that cannot be cured making it difficult for the fetus to survive outside the womb.
  • The second condition is pregnancy due to rape which causes trauma.
Abortions carried out outside of the above conditions are illegal. As stated in article 194 of the Health Law, that every person involved in illegal abortion can be sentenced to a maximum of 10 years in prison and a maximum fine of Rp. 1 billion. Specifically for abortion conditions due to rape, further described in Government Regulation No. 61 of 2014 concerning Reproductive Health or PP Kespro as the implementing regulations for the Health Act. The abortion requirement in that regulation is mentioned in article 31, which can only be done at the maximum gestational age of 40 days calculated from the first day of the last menstrual period (HPHT) based on a doctor's certificate. In addition, Article 34 (2b) also states that the conditions for an abortion are information from investigators, psychologists, or other experts that justify the alleged rape. For this reason, the victim needs to report the incident of rape as soon as possible to the nearest police station. The police will bring victims to the Polres which has a Women's and Children's Services Unit (PPA). From the PPA Unit, the victim will then be taken to the police referral hospital for a visit. If the victim needs psychological counseling, the PPA unit will make a referral to the Integrated Service Center for Women and Children Empowerment (P2TP2A) for further assistance. Victims of rape or acts of violence can also contact the National Commission on Violence against Women (Komnas Perempuan) for help and support. Consider various related aspects, before you do or get involved in an abortion. Do not let it actually endanger your own life. Always consult with a medical expert or counselor who is authorized to find out abortion procedures that are safe and in accordance with the law.

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