Ni Putu Diana Sari
Master of Health Law Study Program, Udayana University, Bali, Indonesia

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Medical Personnel Performing Abortion Practices from the Perspective of Health Law and Human Rights Ni Putu Diana Sari; Sagung Putri M.E. Purwani; I Gde Sastra Winata
Buletin Penelitian Kesehatan Vol. 54 No. 1 (2026)
Publisher : Poltekkes Kemenkes Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33860/bpk.v54i1.4123

Abstract

Background: This study investigates the criminal liability of medical professionals involved in abortion practices that violate existing legal provisions, from the perspective of health law. Given the rapid advancement of medical technology, this research explores the legal ramifications of abortion services carried out by healthcare providers beyond the boundaries of statutory regulations. It also seeks to address the gap in scholarly discourse regarding this issue. Methods: The study adopts a qualitative approach, relying on secondary data analysis derived from statutory laws, court decisions, peer-reviewed articles, research reports, and official government documents. The legal analysis centers on three main regulatory frameworks: the Indonesian Penal Code (KUHP), specifically Articles 299, 346, 347, 348, 463, 464, and 465; Law No. 1 of 2023 concerning the National Criminal Code; and Law No. 17 of 2023 on Health, particularly Articles 60, 61, 427, 428, and 429. In addition, Government Regulation No. 61 of 2014 on Reproductive Health specifically Article 35(1) is examined to provide a comprehensive understanding of the legal framework governing abortion practices. Results: The findings demonstrate that abortion procedures performed by medical personnel without legal authorization constitute criminal acts and violate professional ethical standards. Moreover, the state has both a legal and moral duty to protect women’s rights by preventing unsafe, unregulated, and unethical abortion practices that conflict with religious values and statutory law. Conclusion: The research affirms that abortion practices lacking a valid legal basis are classified as illegal under Indonesian law. This study contributes to a deeper understanding of the legal challenges surrounding abortion services provided by healthcare professionals and offers critical insights for shaping regulatory policies. Further research is recommended to explore legal responses to unlawful abortion practices, thereby supporting the development of international health law and policy frameworks.