Abortion
Art. 60(1) of the 2023 Health Law prohibits abortion except under the criteria of the Criminal Code, and arts. 427 to 429 of the Health Law repeat the penalties. The new Criminal Code (Law No. 1 of 2023, in force since 2 January 2026 under its art. 624) treats abortion in arts. 463 to 465. Government Regulation No. 28 of 2024 (arts. 116 to 124) sets the procedure: who may perform it, where, on whose decision, with what consent and with what counselling. The sources describe the legal framework only; no technical detail is given here.
Under the Criminal Code a woman who has an abortion faces up to four years' imprisonment (art. 463(1)); a person who performs one on a woman with her consent up to five years, and without her consent up to twelve, with eight and fifteen years respectively if the woman dies (art. 464). A doctor, midwife, paramedic or pharmacist who commits the offence is liable to a penalty increased by one third and may lose certain rights (art. 465(1)-(2)). The Health Law sets the same terms in arts. 427 to 429. The code also punishes, with up to six months or a category II fine (Rp10,000,000), anyone who openly displays or offers, without right, an object intended for abortion, except for science or education (arts. 79, 409 and 410(2)). The elucidation of art. 463 says the article protects the pregnancy, does not apply if the foetus is already dead, and treats the means used as irrelevant.
The exceptions: art. 463(2) of the Criminal Code takes the woman out of art. 463(1) when she is a victim of rape or another sexual-violence offence that caused the pregnancy, the pregnancy not exceeding 14 weeks, or when there is an indication of medical emergency; its elucidation says other sexual violence includes forced prostitution, sexual exploitation and sexual slavery. A doctor, midwife, paramedic or pharmacist who performs an abortion for a medical emergency or on a victim of rape or other sexual violence is not punished (Criminal Code, art. 465(3); Health Law, art. 429(3)). The Regulation lists the medical-emergency indications as a pregnancy that threatens the mother's life and health, and a foetal condition with an irreparable congenital defect that makes life outside the womb impossible (art. 117).
The Regulation sets the conditions. For a pregnancy resulting from rape or other sexual violence, two documents prove it: a doctor's certificate of the gestational age consistent with the event and an investigator's statement on the alleged offence (art. 118). The abortion may be done only at an advanced-level health facility that meets the Minister's standards, by medical personnel assisted by health workers (art. 119); a consideration team, formed by the head of the facility and chaired by the hospital's medical committee, decides, and the doctor who performs it is not on the team except where the team cannot be filled (arts. 120 and 121). Consent of the pregnant woman and of her husband is required, except for a rape victim and for victims of other sexual violence; where the woman is regarded as incapable of deciding, which the elucidation says includes children and persons with mental or intellectual disabilities, other family members other than the husband may consent (art. 122). The Health Law itself names only rape victims as exempt from the husband's consent (art. 60(2)(c)); the Regulation extends the exemption to victims of other sexual violence that caused the pregnancy (art. 122(2)). Counselling and support must be given before and after (art. 123); a victim who decides against it is supported by a counsellor through pregnancy, birth and the postpartum period, and the child has the right to be raised by the mother or her family, or failing that by a child-care institution or the State (art. 124).
Timing has changed. Art. 1154 of the 2024 Regulation kept art. 31 of Government Regulation No. 61 of 2014 on reproductive health in force on gestational age until the new Criminal Code took effect, and art. 31(2) of the 2014 Regulation allowed an abortion after rape only up to 40 days counted from the first day of the last menstrual period; from 2 January 2026 the 14-week limit of art. 463(2) of the Criminal Code applies instead.
Key points
| Woman who has an abortion outside the exceptions | Up to 4 years' imprisonment (Criminal Code, art. 463(1); Health Law, art. 427) |
|---|---|
| Person performing it | With the woman's consent up to 5 years; without consent up to 12; 8 and 15 years if she dies (Criminal Code, art. 464) |
| Health professional | Penalty increased by one third and possible loss of rights (art. 465(1)-(2)); no penalty in the exceptions (art. 465(3)) |
| Exceptions | Rape or other sexual violence causing a pregnancy of no more than 14 weeks, or a medical-emergency indication (art. 463(2)) |
| Medical-emergency indications | Pregnancy threatening the mother's life and health; foetal congenital defect incompatible with life outside the womb (Regulation 28/2024, art. 117) |
| Proof of sexual violence | Doctor's certificate of gestational age and investigator's statement (art. 118) |
| Facility and staff | Advanced-level health facility; medical personnel assisted by health workers; consideration team's decision (arts. 119 to 121) |
| Consent | Woman and husband; husband's consent not required for rape victims (Health Law, art. 60(2)(c)) or victims of other sexual violence (Regulation, art. 122(2)) |
| Counselling | Before and after the procedure (art. 123) |
In practice
- A pregnancy from rape or other sexual violence can be handled lawfully only if the two documents of art. 118 exist, the doctor's certificate of gestational age and the investigator's statement; the matter therefore has to be reported to an investigator first.
- The decision belongs to the consideration team of an advanced-level health facility, not to the individual doctor (arts. 119 to 121); a woman regarded as unable to decide can be represented by other family members other than the husband (art. 122(3) and its elucidation).
- Counselling before and after is part of the service (art. 123); a victim who decides to continue the pregnancy is entitled to a counsellor's support through pregnancy, birth and the postpartum period (art. 124(1)).
- The Regulation tasks the community with supporting victims, whether they abort or continue the pregnancy, free of stigma, and with protecting women from unsafe abortions (art. 129(2)(d)-(e)).
Recent changes
The Criminal Code of 2023 took effect on 2 January 2026, repealing the Criminal Law Regulations of 1946 (Law No. 1 of 1946, art. 622(1)(a)); its 14-week limit for pregnancies from rape or other sexual violence succeeded the 40-day limit of Government Regulation No. 61 of 2014 (art. 31(2)), which art. 1154 of the 2024 Regulation kept until then.
Where to go
- Advanced-level health facilities that meet the Minister's standards, where the consideration team sits (Regulation 28/2024, arts. 119 and 121).
- Investigators (police), who give the statement on suspected rape or other sexual violence required by art. 118(b).
- Counsellors who accompany the victim before and after the procedure or through pregnancy and birth (arts. 123 and 124).
Worth knowing
In art. 463(2) the 14-week limit is attached to pregnancies from rape or other sexual violence; the text sets no gestational limit for the medical-emergency indication. The consent rules come from the Health Law (art. 60(2)(c)) and the Regulation (art. 122), not from the Criminal Code, which speaks only of the woman and the two exceptions.
Frequently asked questions
Is abortion legal in Indonesia?
It is a criminal offence (Criminal Code, art. 463(1); Health Law, art. 60(1)) with two exceptions in art. 463(2): a medical emergency, or a pregnancy from rape or other sexual violence of no more than 14 weeks.
What penalties apply?
Up to four years for the woman; up to five years for a person who performs it with her consent and up to twelve without consent; the penalty is increased by one third for doctors, midwives, paramedics and pharmacists (Criminal Code, arts. 463 to 465).
Does a husband have to agree?
Yes, under the Health Law and the Regulation, except for a rape victim (Health Law, art. 60(2)(c)) and, under the Regulation, for victims of other sexual violence that caused the pregnancy (Regulation 28/2024, art. 122(1)-(2)).
Sources
- Law No. 1 of 2023 on the Criminal Code (KUHP), official PDF on the BPK legal database; in force 3 years after promulgation (art. 624), i.e. from 2 January 2026 — arts. 79, 409, 410, 463 to 465 and 624, with the elucidation of art. 463
- Law No. 17 of 2023 on Health (Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan), official PDF on the BPK legal database — arts. 60 to 62 and 427 to 429
- Government Regulation No. 28 of 2024 implementing the Health Law (Peraturan Pemerintah Nomor 28 Tahun 2024), official PDF on the BPK legal database — arts. 116 to 124, 129 and 1154, and the elucidation of art. 122
- Government Regulation No. 61 of 2014 on Reproductive Health, art. 31, text on the Ministry of Finance legal database (JDIH Kemenkeu) — art. 31(2): 40-day limit for pregnancies from rape before the new Criminal Code
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