Juridical Analysis of Euthanasia (Right to Death) Based on Article 344 of Indonesian Criminal Code and Law Number 39/1999 Concerning Human Rights

DOI

10.2991/978-2-494069-93-0_42How to use a DOI?

Keywords

Euthanasia; the right to life; human rights

Abstract

Euthanasia, also known as the "right to die," is the practice of taking away a person's or an animal's life in a method that is deemed painless or causes little to no pain. Typically, fatal injection is used. The act of euthanasia itself is brought about by the patient's intolerable suffering, an incurable illness, or the patient being in a coma as a result of an incurable illness. The patient or his loved ones will ask the doctor to put them to death. Legal guidelines on this subject vary from nation to nation and frequently change in response to shifting cultural norms and the accessibility of medical care or treatment. Euthanasia is seen as illegal in some nations, like Indonesia, while it is regarded as legal in others. Euthanasia is a practice that is prohibited by Indonesian law and is frequently construed as contravening Article 344 of the Indonesian Penal Code. Euthanasia is considered a violation of human rights since the patient's right to life must be safeguarded. There is currently no fresh and comprehensive legal rule on euthanasia. Euthanasia cannot be justified on the grounds of the individual's right to self-determination. Given the connection between medical ethics and human rights, a doctor is required by his knowledge to work to preserve and defend the patient's life. Patients’ rights to be protected by law and human rights in the practice of euthanasia have not been fully implemented. Only the right to life is acknowledged as a fundamental human right in Indonesia.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Agustina Syahroel
PY  - 2023
DA  - 2023/01/25
TI  - Juridical Analysis of Euthanasia (Right to Death) Based on Article 344 of Indonesian Criminal Code and Law Number 39/1999 Concerning Human Rights
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 353
EP  - 361
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_42
DO  - 10.2991/978-2-494069-93-0_42
ID  - Syahroel2023
ER  -