"I just want justice for the two fetuses I aborted," said a woman over the phone. Let us call her Indah as pseudonym. I first heard about Indah two years ago through stories shared by friends in our community. She was a victim of abuse by her partner, who was also her fiancé. Ironically, he was part of the same community as us. Her story spread quickly, and as usual, the community was divided: some stood by Indah, while others judged her for choosing to have an abortion.
After hearing her story, I decided to reach out to Indah. Not to intervene, but simply to let her know that I supported whatever decision she made. I wanted her to feel that she was not alone. Since then, we have spoken to each other often. She has shared much about her mental health, her journey through trauma recovery, and occasionally, updates on her case. She carries deep anger and self-loathing over her past decision to terminate her pregnancies. All I could do was relieve her that the decision was not entirely wrong, and that self-blame would not lead to healing. From conversations about pain, a friendship slowly grew. These days, we mostly talk about music and BTS.
It was a gloomy afternoon in Makassar. The streets were getting crowded as people left work. A friend and I were sitting at a cafe in a mall, facing the main road. As usual, I ordered a matcha latte. Our conversation was light, mostly about what we had done that day.
"I'm pregnant," she said abruptly.
"Your prank isn't going to surprise me," I replied flatly, sipping my iced matcha latte.
"I'm serious," she said calmly.
I knew she was not joking. I congratulated her and asked how far along she was.
"I'm thinking of having an abortion," she said quietly.
I was not shocked. After reading mainly about bodily autonomy and reproductive rights, I understood the reasoning behind her decision.
"Find a community or organization that focuses on health and reproductive rights. Talk to them. Don't take any rash steps that could put you in danger," I finally said.
These two stories made me reflect more deeply on abortion. What is the first thing that comes to people's minds when they hear that word? The answers vary: "abortion is murder," "a grave sin," "immoral," or on the other hand, "women's rights," "bodily autonomy," "healthcare access." In her book Sex in the State and God's Commandments , Soe Tjen Marching describes this debate through two terms: Pro-Choice and Pro-Life. Pro-Choice supports a woman's right to decide whether to continue or terminate a pregnancy. Pro-Life opposes abortion, believing that life begins at conception and that the fetus has a right to live.
Abortion is a complex and sensitive issue in Indonesia, often surrounded by stigma and legal challenges. Many women are forced to make this difficult decision amid limited access to safe healthcare services and social support. In this context, the stories of these two women reflect the diverse realities faced by many women in our country, as well as the consequences of the choices they make.
History and Global Perspectives on Abortion
The term abortion originates from the Latin word abortio, meaning the termination of a pregnancy. In English, abortion refers to the removal of a fetus from the womb before it is viable, whether spontaneously or intentionally. According to the World Health Organization (WHO), abortion is defined as the termination of a pregnancy before twenty weeks of gestation or before the fetus reaches a weight of 500 grams. However, definitions vary significantly depending on national laws. In Indonesia, abortion refers to the termination of a pregnancy before the fetus is capable of surviving outside the womb.
Abortion is not a new phenomenon. In ancient Egypt, the Ebers Papyrus documented herbal concoctions and vaginal douches used to induce abortion. In ancient Greece, abortion was seen as a method of population control. Aristotle even argued that abortion was permissible before the fetus developed a soul.
Studying abortion is inherently complex and sensitive. It involves a range of perspectives, legal considerations, and ethical debates. Globally, an estimated 73 million induced abortions occur each year. Six out of ten (61 percent) unintended pregnancies and three out of ten (29 percent) of all pregnancies end in induced abortion.
In Indonesia, abortion remains a criminal offense under national law. Article 346 of the Indonesian Penal Code states that any woman who intentionally terminates her pregnancy may face up to four years in prison. Despite its illegality, abortion continues to occur. According to the National Population and Family Planning Board (BKKBN, 2023), there are an estimated 2.5 million abortion cases annually in Indonesia, with around 700,000 involving adolescents. Furthermore, the 2023 annual report by the National Commission on Violence Against Women (Komnas Perempuan) noted a significant rise in cases of forced abortion--an increase of approximately seventeen times compared to 2022, from two cases to thirty-five. Alarmingly, 79 percent of abortion procedures are carried out illegally or under unsafe conditions.
This reality fuels ongoing debates between those who oppose and those who support abortion. Many believe that protecting fetal life is a moral obligation. Others argue that abortion is a fundamental right, essential for women to maintain autonomy over their reproductive health and well-being.
Abortion in Indonesian Law
In Indonesia, abortion is still largely considered a criminal act. The old Criminal Code (KUHP), which remains in effect, states that a woman who intentionally terminates her pregnancy can face up to four years in prison (Article 346). Even if she asks someone else to perform the procedure, the law still imposes penalties.
However, the legal framework has gradually evolved to allow abortion under specific circumstances. Law No. 36 of 2009 on Health permits abortion in cases of medical emergencies or pregnancies resulting from rape that cause psychological trauma. These procedures must be carried out by authorized health professionals, in designated facilities, and must include both pre- and post-abortion counselling.
This provision was further detailed in Government Regulation (PP) No. 61 of 2014 on Reproductive Health, which stipulates that abortions for rape victims are only permitted within six weeks of gestation. Victims must also provide a police report as evidence of the alleged rape. This requirement can be particularly burdensome for women still coping with trauma.
Ministerial Regulation (Permenkes) No. 3 of 2016 defines abortion as "an effort to remove the product of conception from the uterus before the fetus can survive outside the womb." It allows abortion only for two reasons: medical emergencies and pregnancies resulting from rape. Again, the procedure must involve counselling and be performed by specially trained health professionals.
The most recent development is Law No. 17 of 2023 on Health, which permits abortion in cases of pregnancies resulting from sexual violence, when the pregnancy endangers the mother's health, or when the fetus has severe abnormalities. However, the procedure must still be performed by competent medical personnel, with the consent of the pregnant woman and/or her husband, and only after mandatory counselling.[1]
Article 463 of the new Criminal Code (Law No. 1 of 2023), which will come into effect in 2026, states that a woman who undergoes an abortion may be sentenced to up to four years in prison. However, exceptions are made for pregnancies resulting from rape or in cases of medical emergencies, provided the gestational age does not exceed fourteen weeks.[2]
Further elaboration is provided in PP No. 28 of 2024, which allows abortion for all victims of sexual violence up to fourteen weeks of pregnancy. However, strict administrative requirements remain: a doctor's approval, a police report, a review by a medical ethics committee, and mandatory counselling. In medical emergency cases, spousal consent is still required.[3]
Despite these regulatory developments, abortion decisions in Indonesia remain tightly controlled by legal and medical frameworks. Women's bodies are still not fully recognized as autonomous domains. Many women may not realize that they are pregnant within the short legal timeframe, or may not be ready to report their trauma. Administrative requirements such as police reports can become additional barriers, especially in areas with limited access to legal and healthcare services.
Abortion regulations in Indonesia continue to be heavily influenced by moral and religious norms. Women are often positioned as objects of protection rather than as empowered subjects with agency over their own bodies. Yet the decision to continue or terminate a pregnancy is deeply personal and complex. The state should provide space for women to determine what is best for their bodies and lives, rather than complicating the process with exhausting procedures.
Abortion in the Context of Morality, Religion, and Social Realities
Indonesia is a country with a Muslim-majority population and deeply rooted Eastern cultural values. Marriage is regarded as a legitimate bond, both by the state and religious institutions. As a result, pregnancies outside of marriage are often viewed as moral transgressions. Women who experience such pregnancies face stigma, shame, and even social exclusion. In these circumstances, abortion often becomes a silent and risky escape.
In Islamic teachings, abortion is generally prohibited after forty days of gestation, based on the belief that the soul enters the fetus at that point. Therefore, abortion is often equated with taking a life--a violation of the most fundamental right to live. On the other hand, unsafe abortion practices significantly increase the risk of maternal mortality. Many women are forced to undergo abortions in unhygienic conditions, without qualified medical assistance, due to limited access to safe and legal services.
In remote areas, communities still rely on traditional birth attendants (dukun bayi) for matters related to pregnancy and childbirth, including abortion. Trust in these traditional providers remains strong, highlighting the uneven access to reproductive healthcare across the country. According to the Guttmacher Institute, unsafe abortions account for 14 percent of maternal deaths in Southeast Asia. In Indonesia, the figure stands at 11 percent. These are not just statistics--they represent the lives of women lost to a system that fails to protect them.
However, perspectives on abortion are beginning to shift. Increasingly, people are recognizing abortion as a fundamental right of women. A woman's body is her own. She has the right to decide whether to become pregnant, use contraception, or terminate a pregnancy. Campaigns advocating for sexual and reproductive rights are emerging in both formal and informal spaces.
Bodily autonomy means that women have the freedom to make decisions about their bodies and health without coercion from religion, culture, or the state. Abortion is not merely a matter of ethics--it is about safety, dignity, and the right to live a life shaped by meaningful choices. In today's context, abortion can be legal when a pregnancy endangers the mother's life or results from sexual violence. Data from the Ministry of Women's Empowerment and Child Protection recorded over 7,000 cases of sexual violence. Between 2018 and 2023, the National Commission on Violence Against Women (Komnas Perempuan) documented one hundred three cases of rape that resulted in pregnancy.
On the island of Java, despite legal restrictions and negative perceptions, data from 2018 shows that approximately 1.7 million abortions occurred--equivalent to forty-three per 1,000 women aged 15-49. This rate is higher than the Southeast Asian average of thirty-four per 1,000. This suggests that many women, both married and unmarried, feel compelled to seek abortions due to limited access to effective contraception and the social stigma surrounding unintended pregnancies. While 80 percent of women who undergo abortions do not experience complications, around 12 percent of all abortion cases do result in complications requiring post-abortion care. This underscores the urgent need for access to safe and quality healthcare services.[iv]
In such cases, safe abortion can be a form of rescue--both physically and mentally. Women do not live in sterile environments. Their identities intersect with poverty, limited education or disability. They face multiple layers of hardship that make decisions about pregnancy deeply complex. Therefore, empowering women is not just about offering choices, but ensuring they have access, knowledge, and support to make informed decisions.
In patriarchal cultures, women are often burdened with greater responsibility for children than men. Yet motherhood is not only a physical condition--it also requires mental and social readiness. Unplanned pregnancies can lead to serious consequences, including depression, child neglect, or even violence. These realities call for honest and open dialogue about abortion. We need spaces for reflection, not judgment. Ultimately, the decision to have an abortion is a woman's right and responsibility.
In short, while abortion remains illegal in many cases, recent regulations in Indonesia have begun to create space for it under specific conditions: when the mother's life is at risk, in cases of severe health complications, or when the pregnancy results from sexual violence. The procedure must be carried out by competent medical professionals and follow clear legal protocols. But beyond regulations, we need the courage to open conversations--about bodies, sexuality, and women's right to live with dignity and choice.
Human-Centered Public Services for Women
In the context of public service, the state must go beyond merely restricting abortion through legal frameworks. It must also provide compassionate, informative, and life-saving services for women--especially for children and adolescents facing pregnancy. The New Public Service approach proposed by Denhardt & Denhardt emphasizes that public services should serve citizens as human beings, by listening to and understanding their needs (Denhardt & Denhardt, 2000). In the case of abortion, this means offering non-judgmental counseling, trained medical professionals and accessible procedures.
Effective public services not only prevent maternal deaths caused by unsafe abortions but also help restore the dignity of women burdened by stigma. The state should be a safe space where women can make decisions about their own bodies, supported by open dialogue, inclusive policies, and equitable services.
Abortion remains a complex and sensitive issue, where decisions about pregnancy should fundamentally belong to women, free from coercion. As awareness of bodily autonomy grows, there is a pressing need to support policies that are both legal and humane. Data shows that unsafe abortion practices continue to be a leading cause of maternal mortality in Indonesia, underscoring the urgent need for improved access to reproductive healthcare services.
We must commit to fostering open dialogue, dismantling stigma, and creating environments that support women in making informed decisions about their bodies. In doing so, we can build a more just and equitable future--one in which every woman has the freedom to determine her own destiny.
Ishak Salim and Zakia are book lovers and authors. They love writing as much as reading poems. They belong to Media Ekspedisi Resonantia.
For further information, please contact: Media Ekspedisi Resonantia, https://ekspedisiresonantia.id/ , e-mails: isangkilang@gmail.com & khyazakia22@gmail.com
[1] UU Kesehatan Terbaru Atur Ketentuan Aborsi dan Pidananya, Berikut Rinciannya, KOMPAS.com, 12 July 2023, https://nasional.kompas.com/read/2023/07/12/12490721/uu-kesehatan-terbaru-atur-ketentuan-aborsi-dan-pidananya-berikut-rinciannya.
[2] Kitab Undang-Undang Hukum Pidana, Peraturan.Info, 2023, https://peraturan.info/uu/2023/1/pasal-463.
[3] Annisa Karnesyia, Aturan Aborsi di PP UU Kesehatan, Ketahui Batas Usia & Risikonya, HaiBunda, 7 August 2924, www.haibunda.com/kehamilan/20240805143945-49-344002/aturan-aborsi-di-pp-uu-kesehatan-ketahui-batas-usia-risikonya.
[iv] Aborsi di Jawa, www.guttmacher.org/sites/default/files/fact_sheet_downloads/induced-abortion-indonesia-bahasa.pdf?utm_source=perplexity.