Legal Protection in Indonesia for Doctors to Perform Termination of Pregnancy Caused Genetic Defects

Abstract

Abortion is specifically regulated in Law Number 36 Year 2009 about Health. Abortion is regulated in Part Six of Reproductive health Article 75 - Article 77. Medically, the detection of genetic disorders can be done several ways maternal blood tests for prenatal genetic tests and ultrasound. New prenatal genetic tests can be done at 10-13 weeks of gestation, while ultrasonography can detect pregnancy when the pregnancy 5 weeks, but generally performed at 8-12 weeks gestation. Many countries also have laws on abortion, but with a wider age limit than Indonesia. 12-week period are found in the legislation of various countries that allow abortion. Based on the laws that exist such as Law Number 36 Year 2014 about Health Personnel and Law Number 29 Year 2004 about Medical Practice, doctors have the right to obtain legal protection for carrying out duties in accordance with the Professional Standards, Standard Service Professions, and standard Operating Procedures. Implementation of the tasks according to Professional Standards, Standards of Professional Services, and Standard Operating Procedures will be difficult to do given various new genetic abnormality detection checks can be done after 6 weeks. On the other hand, is based on the principle of legality, there is a limit up to 6 weeks of gestation. With the situation like this, the doctor will be a dilemma in doing its job, faced with a choice of legality of Law Number 36 Year 2009 about Health or the Code of Medical Ethics Indonesia which is the basic guideline in conducting various medical procedures. This is due to differences between the values ​​contained in the legislation is written with the values contained  in the Code of Medical Ethics Indonesia.

Keywords: Legal protection, Doctor, Termination of Pregnancy, Genetic Defects

DOI: 10.7176/JLPG/90-07

Publication date:October 31^st 2019