Legal Responsibility of Obstetric and Gynecological Doctor for Abortion with Indication of Fetal Deffects

Authors

  • Widyasih Pritasari
  • Sri Mugirahayu
  • Askan
  • Mohammad Zamroni
  • MokhamadKhoirul Huda

DOI:

https://doi.org/10.37506/ijfmt.v15i3.16009

Keywords:

Legal Responsibility, Doctor, Abortion, Fetal Defects

Abstract

An undeveloped fetus in the mother’s womb leads to congenital disabilities where the baby can be fully
dependent on his mother. Fetal defects in the Health Law are included in medical emergencies to be treated
with full requirements and provisions regulated by law. Article 32 paragraph (1) points (a) and (b) of the
Government Regulation on Reproductive Health explains the scope of indications of medical emergencies
include a condition where it threatens the lives of mothers and babies and babies with disabilities where
it resulted in a difficult for the baby to live outside the womb or the condition where the baby has some
defects and cannot be cured. Article 75 paragraph (2) of the Health Law states if doctors do an abortion with
indications of a medical emergency such as the fetus suffering from a severe genetic disease or congenital
defects, the doctors cannot be convicted. So the principle of prudence is needed in determining the diagnosis
to bring off an abortion because abortion is closely related to crime if it is not appropriately treated.

Author Biographies

Widyasih Pritasari

Master of Law Student, Hang Tuah University, Surabaya, Indonesia

Sri Mugirahayu

Master of Law Student, Hang Tuah University, Surabaya, Indonesia

Askan

Master of Law Student, Hang Tuah University, Surabaya, Indonesia

Mohammad Zamroni

Assistant Professor, Faculty of
Law, Hang Tuah University, Surabaya, Indonesia

MokhamadKhoirul Huda

Professor, Faculty of
Law, Hang Tuah University, Surabaya, Indonesia

Published

2021-05-17

How to Cite

Widyasih Pritasari, Sri Mugirahayu, Askan, Mohammad Zamroni, & MokhamadKhoirul Huda. (2021). Legal Responsibility of Obstetric and Gynecological Doctor for Abortion with Indication of Fetal Deffects. Indian Journal of Forensic Medicine & Toxicology, 15(3), 4552-4557. https://doi.org/10.37506/ijfmt.v15i3.16009