Background REKONSTRUKSI PEMAKNAAN TINDAK TERMINASI KEHAMILAN OLEH DOKTER BERBASIS KEADILAN (Kajian Hermeneutika dan Medikolegal) - Diponegoro University | Institutional Repository (UNDIP-IR)

xiv SUMMARY

A. Background

The background of this study is the phenomenon of Termination of Pregnancy ToP, which obviously causes the risk of mortality of pregnant women. Such mortality occurs since the women with unwanted pregnancies go to the places where the ToP is unsafely and illegally conducted. ToP has factually contributed to the Maternal Mortality Rate. WHO states that 13 of the mortality cases of pregnant women are due to the implication that the illegal acts of ToP bring about. In Indonesia such cases reach the percentage of 15. The empirical phenomena that are presented above motivate the researcher to explore the non-empirical noumena beyond the fact further. Why do women do such unsafe acts of ToP whereas there are many health services, ranging from practitioning doctors, community health centers, up to hospitals, that have already been available and widespread everywhere? The reality of the mortality of pregnant women due to unsafe acts of ToP is not supposed to have happened. This is a condition that needs to get much concern since the high Maternal Mortality Rate is one of the indicators that signify the still low rate of health service that the government provides to the people. Why can the cases in which pregnant women do not get the safe services of ToP happen? The safe act of ToP is one of the women‟s health rights. The reality of the act of ToP is undeniable. However, a case in which a pregnant woman died of an unsafe act of ToP should not have happened if she had got a sufficient access to the health service related to the act of ToP. In relation to the doctors who are supposed to be able to give the safe act of ToP, why are they unwilling to give it? The relationship between the doctors and the patients is not a balanced one indeed. The doctors‟ position is more advantageous in general. They have, in this case, a stronger position than the patients do. In addition, based on their scientific way of thinking they always propose medical indication that has positivism paradigm when they are going to conduct the act of ToP. They are also bound to their medical doctor oath. Such a condition as this leads pregnant women to the unsafe condition. In general, doctors still see that the act of ToP is given only if there is an indication to save the women‟s lives. In such a case, the doctors are right as long as they stick to the normative guidance but the patientsthe pregnant women are in a dangerous situation if they follow the doctors‟ comprehension. This is the point where such a dilemmatic condition often occurs in the act service of ToP given by the doctors. Based on such a reality, this research is going to investigate how doctors establish the signification on the ToP. The signification is the output of the destillation of interpretation on the interaction among human beings as the social community, which will be brought into or reflected in the reality. xv

B. Focus of Study and Problem Statement: