Legal Abortion Limit Raised up to 24 Weeks of Gestation for Substantial Foetal Anomalies or for Rape Victims: a Welcome Step for Women and Health Providers in India

Pengaturan aborsi bagi korban perkosaan di Indonesia telah diatur dalam UU No. 36 Tahun 2009 tentang Kesehatan. Di dalamnya dikatakan bahwa setiap orang dilarang melakukan aborsi, namun larangan tersebut tidak berlaku jika ada indikasi kedaruratan medis, seperti kesehatan ibu dan janin terancam, atau kehamilan dalam kasus perkosaan. Penelitian ini bertujuan untuk menganalisis prinsip-prinsip hukum aborsi bagi korban yang diatur dalam UU Nomor 36 Tahun 2009 dilihat dari perspektif masalah yang digagas oleh Attufi. Hasil penelitian ini menunjukkan bahwa secara prinsipil materi hukum aborsi bagi korban perkosaan yang diatur dalam UU No. 36 Tahun 2009 tentang Kesehatan sejalan dengan konsep maslahah yang digagas oleh Attufi. Namun demikian, adanya batasan usia kehamilan maksimal enam minggu dihitung dari hari pertama haid terakhir menjadi hal yang menyebabkan undang-undang tersebut tidak lagi sejalan dengan konsep maslahah attufi. Ketidakselarasan ini disebabkan adanya kemungkinan kondisi psikis yang dialami oleh perempuan hamil korban perkosaan yang mengakibatkan ketidaktahuan awal kehamilan. Dalam arti, bisa jadi perempuan tersebut baru mengetahui kehamilannya melebihi batas waktu tersebut. Namun demikian, kebolehan ini juga harus melalui pertimbangan-pertimbangan perbandingan kemaslahatan dan kemafsadatan yang ada sesuai dengan kasusnya masing-masing. The abortion regulation for rape victims in Indonesia has been regulated in Law No. 36 Year 2009 on Health. It is said that every person is prohibited from having an abortion, but the restriction does not apply if there is an indication of a medical emergency, such as maternal and mother health is threatened, or the pregnancy in cases of rape. This study aims to analyze the principles of legal abortion for victims as stipulated in Law No. 36 of 2009 seen from the perspective of the Masalahah initiated by Attufi. The results showed that in principle the material legal abortions for rape victims as stipulated in Law No. 36 Year 2009 on Health in line with the concept of maslahah initiated by Attufi. However, the maximum age limit of six weeks of pregnancy calculated from the first day of the last menstrual period into the cause of the law is no longer in line with the concept of maslahah attufi. This misalignment is due to the possibility of psychological conditions experienced by pregnant women victims of rape resulting in early pregnancy ignorance. In a sense, it could be the woman learned of her pregnancy exceeding the time limit. However, this ability should also go through the considerations and harms ratio that is in accordance with each case.

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Tinjauan Hukum Islam terhadap Peraturan Pemerintah tentang Kebolehan Aborsi pada Kasus Kedaruratan Medis dan Perkosaan

BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ◽

10.36701/bustanul.v1i3.170 ◽

2020 ◽

Vol 1 (3) ◽

pp. 440-457

Author(s):

Dewi Indriani ◽

Zulfiah Sam ◽

Siti Yudianti

Keyword(s):

Government Regulation ◽

Islamic Law ◽

Psychological Trauma ◽

Legal Abortion ◽

Rape Victims ◽

Statistical Research ◽

Research Results ◽

Positive Law ◽

Medical Emergencies ◽

Descriptive Qualitative

Abortion is a prohibited act in both Islamic and positive law, but Article 75 of the Health Act provides exceptions for indications of medical emergencies and pregnancy as a result of rape which can cause psychological trauma to rape, then its application is regulated in Government Regulation No. 61 of 2014. This study aims to find out and understand the perspective of Islamic law regarding the abortion exception in Government Regulation No. 61 of 2014 with indications of medical emergencies and rape victims. The problems that the authors raise in this study are; First, what is the concept of abortion implementation referred to in Government Regulation No. 61 of 2014 in accordance with Islamic law ?. Second, how is the perspective of Islamic law on the concept of Government Regulation No. 61 of 2014 concerning exceptions to the prohibition of abortion with indications of medical emergencies and rape victims ?. To get answers to the above problems, the writer uses descriptive qualitative (non-statistical) research, which focuses on the study of texts and texts. And use the method of normative theological approach.The research results found are as follows; First the concept of legal abortion in PP No. 61 of 2014 is in accordance with the stipulation of emergency rules both in determining emergency cases and in avoiding interpretations arising from the abortion. Second, the concept of legal abortion in PP No. 61 of 2014 does not conflict with Islamic law.

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PROBLEMATIKA PELAKSANAAN ABORSI BAGI KORBAN PERKOSAAN DALAM UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN

JCH (Jurnal Cendekia Hukum) ◽

10.33760/jch.v5i1.205 ◽

2019 ◽

Vol 5 (1) ◽

pp. 160

Author(s):

Yenny Fitri Z

Keyword(s):

Unwanted Pregnancy ◽

Medical Personnel ◽

Legal Abortion ◽

Rape Victims ◽

Safe Abortion ◽

Counseling Training ◽

Training Requirements ◽

Illegal Abortion ◽

The Government ◽

The Impact

Rape is a frightening crime for women because the impact of rape is not only felt when the crime is committed, but also affects the future. One of them is an unwanted pregnancy. For rape victims, the choice of continuing an unwanted pregnancy or having an abortion is an equally difficult choice. Basically, abortion is clearly a prohibited act, both legally, morally, ethically, decently, and religiously. Although prohibited, abortion cases in Indonesia actually show an increase every year. In response to the problem of abortion for victims of rape, the government has given birth to Law Number 36 of 2009 concerning Health. However, since the legal umbrella was born, it has been minimal and in fact there have been almost no rape victims who have used this safe abortion practice as a way to abort their unwanted abortion. This happens because of problems in the field of practice, it is not as easy as the description of the theory set forth in the legislation. While almost every day rape victims continue to fall in all parts of Indonesia. To answer this problem, the author conducts research using normative juridical methods. Thus it is expected to be able to find problems or problems in the implementation of abortion for victims of rape based on Law Number 36 of 2009 concerning Health. The research shows that there are three problems in Law Number 36 Year 2009 regarding Health which makes it difficult for rape victims to obtain safe and legal abortion services. These problems include the maximum obstetrical age of 40 days for abortion for rape victims to be considered too short, the Ministry of Health has never prepared training requirements for medical personnel and counseling training for abortion for rape victims, then health services that meet the conditions set by the Minister is still very limited and cannot be easily accessed in any part of Indonesia. Therefore, the problematic implementation of legal and safe abortion for rape victims found in the Health Act must be immediately corrected, so that rape victims do not return to become victims due to the implementation of unsafe illegal abortion practices.

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Project BRAIN: Working Together to Improve Educational Outcomes for Students With Traumatic Brain Injury

Perspectives on Neurophysiology and Neurogenic Speech and Language Disorders ◽

10.1044/nnsld22.3.106 ◽

2012 ◽

Vol 22 (3) ◽

pp. 106-118 ◽

Cited By ~ 3

Author(s):

Paula Denslow ◽

Jean Doster ◽

Kristin King ◽

Jennifer Rayman

Keyword(s):

Traumatic Brain Injury ◽

At Risk ◽

Brain Injury ◽

Educational Outcomes ◽

School Personnel ◽

Department Of Education ◽

Health Providers ◽

Accurate Identification ◽

Transition Intervention ◽

Working Together

Children and youth who sustain traumatic brain injury (TBI) are at risk for being unidentified or misidentified and, even if appropriately identified, are at risk of encountering professionals who are ill-equipped to address their unique needs. A comparison of the number of people in Tennessee ages 3–21 years incurring brain injury compared to the number of students ages 3–21 years being categorized and served as TBI by the Department of Education (DOE) motivated us to create this program. Identified needs addressed by the program include the following: (a) accurate identification of students with TBI; (b) training of school personnel; (c) development of linkages and training of hospital personnel; and (d) hospital-school transition intervention. Funded by Health Services and Resources Administration (HRSA) grants with support from the Tennessee DOE, Project BRAIN focuses on improving educational outcomes for students with TBI through the provision of specialized group training and ongoing education for educators, families, and health professionals who support students with TBI. The program seeks to link families, hospitals, and community health providers with school professionals such as speech-language pathologists (SLPs) to identify and address the needs of students with brain injury.

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