The Characteristics of Abortion Liability by Doctor in Indonesia after Enactement of Health Law 2009

Abstract

This study analyzed the characteristics of abortion liability by doctor after the promulgation of health law
year 2009 in Indonesia The result found that the pregnancies that are legal to be aborted are: that’s dangers
for the mother concerned (for life saving), womb that’s the foetus is heavy handicap and the pregnancy
because of rape (until 6 weeks of pregnancy), but for the doctor who performed abortion to help the mother
who has failed in her family planning method or the idiot women who pregnanted by unknown man and
pregnancies because rape but more than 6 weeks of old must be held accountable for his action. The liability
is including criminal liability, civil liability, administrative liability, professional discipline liability and
ethical liability. For the criminal liability, can be use criminal code as a “ius generals” or the article 194 of
health law as a” ius spesialis” This characteristics of abortion liability for the doctor will prohibit the doctor
who help someone who need performing of abortion because of: failing of family planning method, idiot
woman that pregnanted by unknown man and pregnant woman because of rape more than 6 weeks. This
reason is not for pregnancy that caused by promiscuity and immoral habits.