What is Emergency Medicinalis Provocatus Abortion?

Legal Literacy- In positive law in Indonesia, the act of abortion in certain cases is justified if it is Medicinalis/Therapeutic Provocatus Abortion, in which the perpetrator of the abortion does so on medical grounds. Emergency medical provocatus abortion is carried out under certain conditions that have been regulated in the law, namely Article 75 of Law Number 36 of 2009 concerning Health (Health Law) on the grounds that there are indications of a medical emergency that has been detected since the early age of pregnancy, which threatens the life of the mother and/or a fetus born with a disability making it difficult to live outside the womb. In contrast to the contents of Article 75 of the Health Law which regulates provocatus abortion, the Criminal Code (KUHP) is regulated in Chapter XIV concerning Crimes Against Morality, specifically Articles 299, 346, 347, 348 and 349 of the Criminal Code prohibits provocatus abortion without exception, including medicinalis provocatus abortion or therapeutics provocatus abortion. The Criminal Code prohibits abortion and the legal sanctions are quite severe.

Emergency Medicinalis Provocatus Abortion in Common Law Countries

On January 22, 1973, the United States Supreme Court issued a ruling legalizing abortion in Roe v. Wade and Doe v. Bolton. This decision was based on the 14th Amendment to the United States Constitution, which guarantees the right to life, liberty, and property to all persons, but cannot be extended to the protection of the fetus. During Barack Obama's administration in 2009, abortion was legalized with the condition that the pregnancy being terminated was less than 12 weeks or the first 3 months of pregnancy, and the abortion procedure was performed by doctors and clinics that had obtained permission from the government. Abortion in Africa is a very complex phenomenon, as it exists at the intersection of injustice due to patriarchal hegemony with social, religious, and cultural norms. The law requires women who wish to have an abortion for health reasons to obtain approval from at least two doctors. In 2015, the parliament in Sierra Leone voted to support a new abortion law that would make abortion safe and legal. In 2016, the African Commission on Human and Peoples' Rights announced a campaign to legalize abortion in Africa to protect the lives of women and girls by decriminalizing abortion. Canada legalized abortion at all stages of pregnancy and is publicly funded as a medical procedure. In 1969,