Bill promoters deny condoning abortion

Debbie A. Lubis, The Jakarta Post, Jakarta

Authors of the health bill currently being deliberated upon by the House of Representatives (DPR) denied on Thursday that they were trying to legalize abortion.

They emphasized that the articles on abortion in the bill were designed to equip the government with powers to take stern measures against illegal abortions which could endanger the lives of mothers.

Eddy Hasmi, director of teenagers and protection of reproductive health rights at the National Family Planning Board (BKKBN) said that Article 60 of the draft gives the government more authority to curb abortions conducted without counseling and professional help.

"Illegal abortions are rampant in the country; many women undergo abortions at illegal places without valid reasons, procedures, or guidelines. How can we bring providers and actors of such abortions to court if there is no explicit law?" he told The Jakarta Post.

A group of religious leaders from five large religions in Indonesia condemned on Wednesday abortion and all attempts to legalize the practice through the health bill, saying it was against the teaching of all religions and against human values.

The number of abortions is estimated to reach 2.5 million annually in the country, of which some 1.5 million are conducted on young girls who become pregnant out of wedlock.

Most illegal abortions are conducted by traditional healers or unprofessional medical workers at illegal clinics.

Sharing Eddy's view, Kartono Mohammad, a general practitioner who is also involved in drafting the bill, said that the bill did not legalize abortion but prevented the liberalization of abortion.

"The bill does not mention legalized abortion. It only requires the government to protect the women from unqualified, unsafe, and irresponsible abortions through explicit rulings," he said, quoting the first verse of article 60 of the health bill.

The second verse of the article defined such abortion as an act of abortion which was conducted by force and without the consent of the mother, or performed by unprofessional medical workers, without following existing standards of professionalism and for the sake of money.

Kartono said that the article on abortion in the health bill was to amend Article 15 of Health Law No. 23/1992 which allowed professional health workers to perform abortions if the life of the mother would be at stake.

But in its explanatory section, the law forbids abortions under any circumstances as it is against norms of law, religions, morality and good manners.

"That's why, for ten years, the government never succeeded in putting the article into an applicable government regulation because the article does not match the explanation," Kartono said.

Eddy and Kartono said that the government would provide details on specific conditions of abortion as soon as the bill was passed into law.

Eddy said that the government regulation would give guidelines over why, when, who, how and where any abortion may take place.

He said that abortion would be the last option in case the mother's mental and physical health was in danger if she had to carry the baby for full period of pregnancy.

An abortion may also be conducted if tests confirm that the fetus is detected as carrying congenital or inherited diseases such as Down's Syndrome, thalassemia major or defects in the body.

Kartono said that abortion was also allowed if the mother was a victim of rape or incest. "Which one is more righteous, let the woman suffer and reject the child for the whole of her life or help her to end her pregnancy to prevent further misery?" he asked.

Eddy said that abortion could occur in such circumstances but the mother should get counseling before deciding to end her unwanted pregnancy.

"The woman and/or her family will be given some suggestions and options before choosing abortion, as the last option. The counseling should be supervised by psychologists," he said.

Eddy said that currently, illegal abortion had become an option for pregnant women who faced economic hardship or pregnant girls who were not ready to become mothers.

"In such cases, the counselor will offer them some alternatives such as adoption or a foster parents program," he said.