Doctor gets two years for illegal abortions

Doctor gets two years for illegal abortions

JAKARTA (JP): The Central Jakarta District Court sentenced an
obstetrician to two years in jail and fined him Rp 3 million
(US$272) on Monday for illegally aborting an average of 10 to 15
babies a day.

Presiding judge Abas Sumantri said the doctor, Budiman, 51,
was guilty of violating Article 15 of Health Law No. 23/1993,
which states that an abortion is legal only if it is necessary to
save the life of the mother or the baby.

According to Article 80 (1) of the law, those found guilty of
carrying out illegal abortions can receive a maximum punishment
of 15 years in prison and a fine of up to Rp 500 million.

"The defendant also violated the medical code of ethics and
social and religious values," Abas said.

The obstetrician, however, was still needed by Tangerang
General Hospital, where the defendant used to work, he added.

Abas said the defendant conducted illegal abortions at the
Herlina and Amalia clinics in Tanah Tinggi, Central Jakarta, for
about nine years.

Budiman reportedly admitted that his patients were both
housewives who did not wish to have a baby and women who had
become pregnant out of wedlock. Most were aged between 20 and 40.

Budiman remained quiet when the verdict was given. Many of his
relatives, however, burst into tears.

Both prosecutor Andi Tjudai and Budiman's lawyers are
considering whether to appeal the judge's decision.

The prosecutor had asked the court in his indictment to
sentence the obstetrician to six years in jail.

Andi said several of Budiman's abortion patients had testified
that the doctor had knowingly carried out their abortions
illegally.

Budiman reportedly received 60 percent of the abortion fees,
while the clinic's owners took in the remaining 40 percent.

Patients paid between Rp 150,000 and Rp 1 million, depending
on how advanced the pregnancy was, she said.

One of Budiman's lawyers, Petrus Balapattyona, said the
sentence was too severe.

"The sentence sets a dangerous precedent since it will
discourage doctors from becoming obstetricians for fear they
could be charged as criminals," Petrus said.

Budiman and another doctor, identified as Jaya Lelana, were
among 13 suspects in illegal abortion cases which dominated media
headlines late last year.

The suspects were apprehended by police following the
discovery of the remains of 11 babies and fetuses disposed of in
plastic bags at a garbage dump in Warakas, North Jakarta, last
November.

Doctor Jaya is facing a military tribunal.

The owner of Amalia Clinic, identified as Kurniasih, alias
Cicih, has already been sentenced by the same court to 20 months
in jail. (jun)