Two jailed for aiding doctors in illegal abortions

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)