Pertanggungjawaban Pidana oleh Mahasiswa Profesi Bidan dalam Kasus Aborsi Ilegal: Analisis Putusan Pengadilan Nomor 1768/Pid.Sus/2023/PN. Lbp

Abstract

The practice of illegal abortion committed by health workers continues to occur in Indonesia, despite being strictly regulated under various statutory provisions. This study analyzes the criminal liability of midwives in cases of illegal abortion based on Court Decision Number 1768/Pid.Sus/2023/PN Lbp, with a focus on criminal law provisions both within and outside the Indonesian Criminal Code, the form of criminal liability borne by midwifery professional students who do not yet possess a Registration Certificate (Surat Tanda Registrasi/STR) and a Practice License (Surat Izin Praktik/SIP), as well as the conformity of the court decision regarding the criminal liability of the accused midwifery student with current regulations and the professional code of ethics for midwives. This research employs a normative juridical method with a statutory approach and a case study approach, using primary legal materials in the form of the former and newly enacted Criminal Code (Law Number 1 of 2023), Law Number 36 of 2009 concerning Health, and Law Number 17 of 2023 concerning Health. The results of the study indicate that the defendant's actions do not fall within the category of permitted abortion exceptions as regulated under Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and Article 60 paragraph (2) of Law Number 17 of 2023 concerning Health, as the abortion was carried out without medical indications or circumstances involving pregnancy resulting from rape. The court decision has not fully reflected recent legal developments, as it still applies outdated legislation and fails to explicitly affirm the defendant's personal criminal liability as a midwifery student who conducted illegal abortion practices without possessing an STR and SIP. Therefore, harmonization in the application of law between the new Criminal Code and Law Number 17 of 2023 concerning Health is required, along with the enforcement of administrative sanctions in the form of a prohibition on obtaining future rights to an STR and SIP for professional students who commit such violations. These measures are expected to create a deterrent effect and strengthen ethical awareness among prospective health workers, thereby ensuring that midwifery practice in Indonesia is conducted in accordance with legal norms, professional ethics, and humanitarian values.