Empowering Women: Abortion Regulations and The Right to Self-Determination

  • Vina Sabina Faculty of Law, August 17, 1945 University, Surabaya
  • Budiarsih Budiarsih Faculty of Law, August 17, 1945 University, Surabaya
Keywords: Abortion; Feminism; Health; Reproduction

Abstract

Pregnancy is a very personal matter, and every individual has the right to privacy. Women have the right to decide when to become pregnant and whether or not to become mothers. Unwanted pregnancies can harm physical and mental health, so women should be able to make abortion decisions based on their right to self-determination. The purpose of this research is to find out how abortion is regulated in Indonesia and viewed from the right to choose in women (Pro-Choice) and Feminist Legal Theory (FLT). The views of Pro-Choice and FLT provide strong arguments for protecting women's rights to abortion. Understanding and respecting women's rights to bodily autonomy, health and safety, and applying FLT principles such as the right to privacy and anti-discrimination, can help society view the issue of abortion with a more inclusive perspective and respect for women's rights. This research uses a normative juridical method that utilises a statutory approach and a conceptual approach. The result of this research is to ensure that women can have abortions based on their right to choose and that access to safe abortion services is not hindered by various social barriers, and to ensure that the applicable law is in line with the provisions of the Act. However, there are still certain restrictions that must be followed, such as certain gestational age limits, counselling, and certain required consents.

Published
2023-10-31
How to Cite
Sabina, V., & Budiarsih, B. (2023). Empowering Women: Abortion Regulations and The Right to Self-Determination. Musamus Law Review, 6(1), 13-25. https://doi.org/10.35724/mularev.v6i1.5606
Section
Articles