Two jailed for aiding doctors in illegal abortions

JAKARTA (JP): The Central Jakarta District Court sentenced a clinic owner and a midwife on Wednesday to 20 months and 12 months in prison respectively for assisting two doctors in performing 15 to 25 illegal abortions a day.

Presiding judge Agus A.G. Dewata said the defendants -- Herlin Herlina Taewa, 45, the owner of Herlina clinic in Tanah Tinggi, and the clinic's midwife, Yuli Budiarti, 39 -- were guilty of assisting doctors Budiman and Jaya Lelana from 1989 to December last year, when they were arrested.

Herlina and Yuli were also fined Rp 1 million and Rp 500,000 respectively.

Agus said the abortions had violated Article 15 (1) of Health Law No. 23/1992, which states that an abortion may only be carried out 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 face a maximum punishment of 15 years in prison and a fine of up to Rp 500 million.

"The defendants admitted their wrongdoings and have promised not to repeat them again," he said.

He said Herlina had played a bigger role in the illegal abortions than Yuli, who had been paid only Rp 50,000 a day by the clinic owner.

Herlina, herself a midwife, set the abortion fees at between Rp 150,000 and Rp 900,000, depending on how far the pregnancy had advanced, he said.

The clinic's doctors received 60 percent of the abortion fees, while Herlina took the remaining 40 percent, he said.

The two defendants burst into tears after hearing the verdicts.

Prosecutor F.M. Tahalele and the defendants are considering whether to appeal the judge's decision.

Tahalele earlier asked the court to sentence Herlina and Yuli to three years and two years in jail respectively.

The defendants' lawyer, Dwi Ria Latifa, said the sentence was too severe since the defendants had only assisted the two doctors.

"It was the doctors who performed the abortions. My clients, as stated by the judge, just assisted them," Ria said.

Doctor Budiman was sentenced by the same court on Monday to two years in prison and fined Rp 3 million, far less than the prosecution's demand for six years.

Doctor Jaya, who is an Army physician, is currently facing a military tribunal.

Police have apprehended and brought to trial 13 people this year for their involvement in illegal abortions.

All of them, except Jaya, have already received jail sentences ranging from 10 months to two years.

The trials came in the wake of a public outcry over 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. (jun)