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…