Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health

Abortion in Indonesia is a complex legal and ethical issue, sparking debates concerning human rights (HR) from the perspective of the fetus's right to life and women's reproductive health rights. Legally, abortion is governed by the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, Law No. 1 of 2023 on the Criminal Code, and Law No. 17 of 2023 on Health. Human rights related to abortion encompass two primary perspectives: the fetus's right to life as part of humanitarian principles and women's right to reproductive health, including access to abortion under specific conditions such as medical indications or cases of rape. While abortion is generally viewed as violating humanitarian principles, Indonesian law accommodates certain exceptions to save the mother’s life or provide justice for victims of sexual violence. This study aims to foster public awareness that abortion in Indonesia remains strictly regulated within the legal framework, balancing human rights and societal moral values.

Authors

Institutions

Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-03-23
DOI
https://doi.org/10.38035/jlph.v5i4.1513
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health

William Wongkar, I Wayan Gede Artawan Ekaputra
Journal of Law Politic and Humanities
Marriage and Family Dynamics
article

Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health

William Wongkar, I Wayan Gede Artawan Ekaputra
article en

Abstract

Abortion in Indonesia is a complex legal and ethical issue, sparking debates concerning human rights (HR) from the perspective of the fetus's right to life and women's reproductive health rights. Legally, abortion is governed by the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, Law No. 1 of 2023 on the Criminal Code, and Law No. 17 of 2023 on Health. Human rights related to abortion encompass two primary perspectives: the fetus's right to life as part of humanitarian principles and women's right to reproductive health, including access to abortion under specific conditions such as medical indications or cases of rape. While abortion is generally viewed as violating humanitarian principles, Indonesian law accommodates certain exceptions to save the mother’s life or provide justice for victims of sexual violence. This study aims to foster public awareness that abortion in Indonesia remains strictly regulated within the legal framework, balancing human rights and societal moral values.

Journal of Law Politic and HumanitiesVol. 5(4)
Udayana University (ID)
Openalex Percentile: Top 93%
Marriage and Family Dynamics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.