Legality of Abortion in Cases of Down Syndrome Diagnosis: Indonesian Criminal Law and International Perspectives

Universitas Pendidikan Ganesha, Singaraja, Indonesia

Abstract

Abortion is a complex legal, moral, and humanitarian issue, particularly when it relates to a medical diagnosis such as Down syndrome. In Indonesia, abortion is prohibited in principle and is categorized as a criminal offense under the Criminal Code (KUHP) and the Health Law. This study aims to analyze the legality of abortion in cases of Down syndrome pregnancies from the perspective of Indonesian criminal law and international law. The research method used is normative legal research with regulatory, conceptual, and comparative approaches. The regulatory approach is used to examine the 1945 Constitution, the latest Criminal Code, Law Number 17 of 2023 concerning Health, and Government Regulation Number 61 of 2014. The conceptual approach is used to examine criminal law and human rights doctrine, while the comparative approach involves the association of abortion regulations in France, Singapore, and El Salvador. The research findings indicate that Indonesian law essentially prohibits abortion but provides for withholding under certain conditions, including pregnancies with medical emergencies caused by genetic abnormalities. In comparison, France and Singapore allow abortion under certain conditions, while El Salvador prohibits it altogether. This research is expected to provide a scientific contribution to the development of criminal law and health law studies, particularly on the issue of abortion related to the diagnosis of Down syndrome.