March 4, 2026
JAKARTA – Women’s rights groups have criticized the country’s new Criminal Code (KUHP) for continuing to criminalize abortion except in cases of rape or medical necessity, calling the law a setback for women’s reproductive rights and bodily autonomy.
At a recent discussion to commemorate the International Women’s Day this month, speakers highlighted how restrictive abortion regulations continue to limit women’s control over their own bodies.
“Abortion is often left undiscussed because of its sharp intersection with morality and regulation,” said Ika Ayu, director of reproductive rights advocacy group Samsara, during the Feb. 24 discussion hosted by Perempuan Mahardika in Jakarta.
“It’s the most tangible manifestation of state control over women’s bodies.”
She pointed to the newly enacted KUHP, which criminalizes abortion except in cases involving sexual violence or rape, with a 14-week gestational limit, as well as medical emergencies that require the procedure. The maximum penalty for violating these provisions is four years in prison.
Meanwhile, anyone performing an abortion with the woman’s consent faces up to five years in prison, and up to 12 years if conducted without consent. The 2023 Health Law further prohibits abortion except under the exceptions outlined in the KUHP.
Ika, however, noted that these exceptions, first introduced in the old 2009 Health Law, have not translated into reality as access to safe abortion remains difficult even for rape survivors, due to strict requirements and complex procedures.
“The state appears intent on criminalizing women in general because those two exceptions are only a fraction of the many circumstances that may compel someone to seek abortion,” she said, citing economic hardship, psychological distress and special needs.
Amnesty International Indonesia campaign manager Nurani Savitri stressed that Indonesia should implement international treaties it has ratified, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which obligates states to protect sexual and reproductive health rights.
“It is ironic because we already have the legal foundations, but instead new regulations are introduced that erode our bodily autonomy,” she said, arguing that abortion rights remain a privilege accessible only to a few.
As access to safe abortion services remains restricted, the issue in Indonesia mainly centered on illegal providers and unregulated abortion pills.
In February, police uncovered an operation distributing abortion drugs in Bogor, West Java. In December last year, Jakarta Police exposed an illegal abortion practice in East Jakarta that had handled 361 patients since 2022.
Authority to rule
Meanwhile, United Nations Population Fund (UNFPA) representative in Indonesia Hassan Mohtashami has stressed that abortion is a medical intervention over which the government holds full regulatory authority.
He argued that unintended pregnancies, which may prompt someone to seek an abortion, could largely be prevented through the promotion of family planning.
“If a woman and her partner had the opportunity to exercise contraceptives and family planning, they would not have the pregnancy they didn’t want. So the best way to prevent abortion is to promote family planning and contraceptives,” Mohtashami told The Jakarta Post last week.
However, KUHP also penalizes individuals who display or offer contraceptives to minors, allowing such actions only for “authorized officials” in family planning, sexually transmitted disease prevention or health education programs.
Civil society groups, including LBH Masyarakat (Community Legal Aid Institute), have argued that this provision risks undermining efforts to prevent HIV transmission and restricts public involvement in sexual education.
The Women’s Empowerment and Child Protection Ministry acknowledged that “women have full rights and authority over their own bodies” but reminded the public that Indonesia is a state governed by the rule of law, which imposes limits on abortion to prevent medical risks.
“Regulations limiting abortion are not intended to criminalize women, but to prevent harmful practices and ensure legal protection and safe health services,” the ministry’s deputy for women’s rights protection, Desy Andriani, said in a statement on Saturday.
She acknowledged that sexual violence survivors facing unwanted pregnancies often experience layered trauma, victim blaming, complex legal and medical procedures, and limited survivor-friendly services.
Desy ensured that the ministry is working to improve enforcement of the Sexual Violence Eradication Law, which places victims at the center of protection, and to expand support services at regional women and children service units.