Model Pengaturan Aborsi di Belanda, Prancis, Singapura, dan Australia: Kajian Perbandingan Fungsional sebagai Rujukan Reformasi Hukum Indonesia

Abstract

Indonesia's 2023 reforms widened the exceptions to its abortion prohibition, yet procedural requirements still block access, and reform debates swing between wholesale adoption and outright rejection of foreign models. The research gap is the absence of a systematic comparison of several jurisdictions with different legal traditions that also accounts for the non-state normative orders shaping how abortion law works in practice. This study aims to compare the abortion norms of the Netherlands, France, Singapore, and Australia in protecting women's reproductive rights and to identify lessons adaptable to Indonesia. It uses normative legal research with statutory and comparative approaches, applying functional comparative law as the main analytical tool and legal pluralism theory as a complementary one. The results show that the four jurisdictions protect reproductive rights through different configurations, namely institutional compromise, constitutional guarantee, administrative licensing, and staged decriminalisation, but share three decisive functional features: control placed within the health system, no non-medical third-party authorisation, and mechanisms protecting access and confidentiality. Indonesia retains two requirements with no functional equivalent anywhere, investigator certification and husband confirmation. The novelty of this study is a service-based layered protection model showing that the most adaptable lessons are procedural and institutional rather than philosophical and substantive.