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)