Abortion in Indonesia under the 2023 new Criminal Code: A Theological Response

The new Indonesian Criminal Code, Law No. 1 of 2023, Article 463, permits abortion up to 14 weeks of pregnancy for women who are victims of rape or sexual violence. In contrast, the previous exemption under Article 75 of Law No. 36 of 2009 on Health was limited to pregnancies up to 6 weeks. This change introduces a further challenge to bioethics from a Christian theological perspective, particularly when compared to the Islamic one. The Christian perspective on abortion fundamentally hinges on the status of the foetus. This article explores whether the foetus is considered a person deserving of respect and protection from the moment of conception, including in cases of rape and sexual violence. The central question is whether the foetus is regarded as a human being made in the image of God. If so, abortion would be deemed morally wrong, as it involves the deliberate taking of human life. Employing a historical-theological method, the article analyses selected biblical passages, early Christian documents and teachings, and writings from the Early Church Fathers, all of whom consistently condemned abortion as equivalent to murder. Additionally, the research reviews decisions from early church councils and the papal encyclical Evangelium Vitae. The findings highlight that the Christian tradition has historically viewed the foetus as a human being from conception, with an inherent right to life. The article concludes that, from a Christian ethical standpoint, abortion is impermissible, as it represents the wilful destruction of an innocent life. It also suggests that the Christian community should seek better, more constructive solutions in light of the new Indonesian Criminal Code. This research contributes to contemporary discussions on abortion by reaffirming the consistent Christian tradition against it and proposing a constructive Christian approach to addressing pregnancies resulting from rape and sexual violence.