Jakarta,
Aug 21 (Antara) - The government's regulation number 61/2014 on
Reproductive Health, which allows abortion in certain emergency
situations and in case of victims of rape, is giving rise to
apprehensions of possible abuse by unscrupulous elements.
The National Commission for Prevention of Violence Against Women (NCW)
suggested that the implementation of this regulation should be
supervised by all stakeholders to prevent any misuse by those indulging
in free sex and illicit relations.
"Actually, undergoing abortion is not a must for any rape victim. It is
only an option since some victims could be ready to carry through their
unwanted pregnancy. Not everyone may be ready to abort the foetus,"
Safitri Andriani of the NCW said here on Wednesday.
According to Safitri, the government's regulation on reproductive
health was still to regulate all aspects concerning women victims
because some clauses still had loopholes.
Ratna Batara Munti, director of the Legal Aid Institute of Women for
Justice (LBH APIK), is of the view that abortions carried out on ground
of rape should be based on recommendations of professionals and medical
experts so that the regulation is not abused.
"Abortions must be carried out based on recommendation and medical
evaluation by obstetricians, psychiatrists and psychologists. Provision
needs to be made for counselling, particularly for the family members of
the victim," Ratna Batara Munti said during a discussion in Jakarta on
Wednesday (Aug. 20, 2014).
She said that such efforts were needed in order to prevent the
Government Regulation No. 61 on Reproductive Health from being abused.
The same concern was also expressed by H Husni Thamrin, a member of the
Regional Legislative Assembly (DPRD) of Matram, West Nusa Tenggara. "We
are concerned that the implementation of the government's regulation
(PP) on reproductive health will lead to deviations and abuses due to
lack of tight supervision. The apprehension is that this could lead to
abortions becoming a common practice and eventually tolerated in
society," Husni Thamrin said.
He said that as far as religion was concerned, an abortion could only
be conducted in an emergency situation, such as a case where the
mother¿s life is under threat.
Husni Thamrin said that basically, apart from such emergency
conditions, religion did not condone abortion because it was more cruel
than committing adultery. "It is very cruel for two reasons: (both)
adultery and murder (are committed)," he said.
Islamic organization Hizbut Tahrir Indonesia's women wing also
criticized the government's regulation 2014 on Reproductive Health, as
it is considered to have legalized abortion.
"Hizbut Tahrir Indonesia criticized the rule, especially the article
about the making abortion permissible for women who are pregnant due to
rape ot face a medical emergency," Hizbut Tahrir's spokeswoman Iffah
Ainur Rochmah said.
Hizbut Tahrir Indonesia criticized two important factors with regard to
the regulation. The first pertains to the legalization of abortion for
rape victims. The second pertains to the concept of reproductive
health, under which abortion is supposed to be legalized. According to
Iffah, it is a shame that some people see abortion becoming permissible
for rape victims in a normative fashion. The regulation says that
abortion carried out within 40 days of pregnancy is allowed according to
Islamic jurisprudence.
Awareness should be created in the society that this regulation allows possible abuse by an adulterer.
The regulation also provides an opportunity for legalizing abortion in
the case of unwanted pregnancies, pregnancy due to adultery, failed
birth, and pregnancy considered to hinder career or work, as is the case
in liberal countries.
Religious Affairs Minister Lukman Hakim Saifuddin said last week that
the government has allowed abortion in case the pregnancy poses a
physical or mental threat to the mother. Doctors and medical experts are
assigned the task to decide whether an abortion is deemed necessary or
not. The abortion must be conducted before the foetus is 40 days old.
The Government's Regulation Number 61/2014 was announced on July 21. As
per one of the articles in the regulation, abortion is allowed if the
pregnancy threatens the mother's life or if the mother was raped, and
the pregnancy can cause a psychological trauma to the victim.
The clause is in line with the Indonesian Ulema Council's (MUI's) recommendation, stated Lukman Hakim Saifuddin.
"In the regulation, an abortion is allowed under certain conditions. It
is in line with the recommendations of the MUI," Lukman remarked.
Deputy Chairman of MUI KH Ma'ruf Amin said that abortion could be
carried out if the mother's life is threatened and no other avenue is
available. A mother can undergo abortion if her pregnancy physically and
mentally threatens her.
"The aim of the government regulation is good but it should not be abused," the MUI deputy chairman said.
According to Minister of Health Nafsiah Mboi, rape is a sexual crime.
If a woman is forced to carry the child of her rapist, it is a violation
of her rights. She cannot be the victim twice: first, she faces an
atrocity like rape, and second, she has to raise the rapist's child.
Therefore, she defended the regulation saying that it was an effort by the government to respect women's rights.
Nafsiah noted that the regulation has provided legal standing for rape
victims who want abortion. However, the minister emphasized that the
rape victims who opt for abortion should undergo several counselling
sessions, before and after the abortion.
"Counselling after abortion is necessary because abortion itself is
painful. The rape victims must not go into post-abortion trauma," said
Nafsiah.
The minister said that a rape victim who had undesired pregnancy can
therefore undergo abortion but her decision must be approved by an
authorized team formed by the government.
"The team in charge must consist of at least two professional medical
experts, chaired by a competent and authorized doctor," the health
minister said on Tuesday.
Currently, the Ministry of Health has been drafting certain supporting
regulations, which will ensure that the abortion is conducted by
professional medical experts. The supporting regulations will also
contain sanctions for medical experts or hospitals that violate
government regulations governing the abortion process.***3***
(T.A014/a014)
EDITED BY INE
(T.A014/A/BESSR/A. Abdussalam) 21-08-2014 19: |
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