Abortion Punishable Under RKUHP Final Draft, Victims of Rape Exempted
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7 July 2022 13:24 WIB
TEMPO.CO, Jakarta - The final draft of the Criminal Code Bill or RKUHP contains regulations about abortion mentioned in Article 467, which subjects women who commit abortion to 4 years behind bars. However, it exempts victims of rape.
“The provisions as referred to in paragraph (1) do not apply in the event that a woman is a victim of a rape or another sexual violence crime that causes a pregnancy whose gestational age does not exceed 12 (twelve) weeks or has indications of a medical emergency.” Article 467 (2) reads.
The final draft also sees changes in the severity of the prison sentences where Article 468 (1) can criminally charge those assisting a woman's abortion with five years imprisonment and 12 years behind bars for abortion without the woman’s consent.
Meanwhile, if the action takes the life of a woman who agrees to have an abortion, she will be sentenced to eight years in prison. And if a woman who does not agree to an abortion loses her life, those committing the abortion will be sentenced to 15 years in prison.
Prison sentences have increased compared to the 2019 draft where abortion is punishable by five years behind bars.
DEWI NURITA
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