Wed, 22 Apr 1998

Obstetrician on trial for illegal abortions

JAKARTA (JP): An obstetrician, identified as Budiman, 51, was indicted at the Central Jakarta District Court yesterday on charges of illegal abortion practices.

Prosecutor Andi Tjudai said the defendant performed abortions at Herlina and Amalia clinics in Tanah Tinggi, Central Jakarta, between 1989 and last November.

"The defendant performed abortions without taking into consideration requirements in Article 15 of the Health Law No. 23/1992, which states that an abortion must constitute an emergency intended mainly to save a mother's life or that of a baby's," she said.

The law also states that an abortion should be approved by the pregnant mother and her husband or relatives, she said.

"The defendant performed abortions on women mostly without any medical cause. His customers consisted mainly of unmarried pregnant women or married women who simply did not want their babies," she said.

Andi said six women whose babies were allegedly aborted by the defendant would testify against the defendant. The women were identified as Nurul Yusnita, Suciati, Hilda Mulyono, Uci Anasih, Ika Rosita and Habibah.

Budiman wore his white doctor's uniform into the courtroom, which was crowded. He was accompanied by six lawyers, including Tommy Sihotang, Ruhut Sitompul and Petrus Balapattyona.

The prosecutor said the defendant received 60 percent of the abortion fees, while the remaining 40 percent was for the owners of the clinics.

Andi said a patient paid between Rp 150,000 (US$18.75) and Rp 1 million depending on the duration of pregnancy.

"The defendant aborted 10 babies to 15 babies a day," she said.

She said the defendant was assisted by seven people: the owners of the two clinics identified as Herlina and Kurniasih, four paramedics Surtini, Yuli Budianti, Praptiningsih and Halimi and anesthetist Achmad Tabrani.

Andi charged Budiman under Article 80 (1) of Health Law No. 23/1992, which carries a maximum punishment of 15 years in jail and a fine of up to Rp 500 million.

Presiding judge Abas Sumantri adjourned the trial for 10 days, when statements from the defendant's lawyers will be heard.

Tommy Sihotang, one of the defendant's lawyers, said outside the courthouse that the police and the prosecutor's office had no right to try the case.

"Since it's a medical case. It should be first examined by the Medical Code of Ethics Council of the Indonesian Doctors Association," Tommy said.

Meanwhile, the same court also heard a statement yesterday from lawyers of Kurniasih, the owner of Amalia Clinic, who was indicted on the same charges as Budiman.

Nazarudin Lubis, one of the lawyers, denied that Kurniasih performed abortions, saying she had no formal knowledge on the matter.

"The defendant is not a doctor. All the medical treatment was done by doctors and paramedics. How can she be accused of practicing abortions?" Nazarudin said.

He said the defendant opened her clinic legally and had outfitted it with equipment required by the city office of the Ministry of Health. (jun)