ANALISIS YURIDIS TERHADAP EUTANASIA (HAK UNTUK MATI ) BERDASARKAN PASAL 344 KITAB UNDANGUNDANG HUKUM PIDANA DAN HAK ASASI MANUSIA

Mona Minarosa

Abstract


Euthanasia or the right to die is the practiced of depriving human or animal life in a way that is considered
painless or causes minimal pain. Usually done by lethal injection. Euthanasia itself occurs due to the
unbearable suffering experienced by the patient or an incurable disease or the patient in in a coma due to a
medically incurable disease. The patientor his family will beg the doctor to end the patient’s life. Legal
regulations on this issue vary from country to country and often change with changing cultural norms and the
availability of medical care of or treatment . In some countries , euthanasia is considered legal, while in other
countries such as Indonesia it is considered against the law. Base on Indonesian law the practiced of
euthanasia is considered an act against the law and in often interpreted as a contradicting an article 344
Indonesian Penal Code.
Euthanasia in human rights perspective is a violation because the patients right to life must be protected. .
From statutory point of view , there is currently no new and complete regulation on euthanasia.
The right to self determination cannot be used as a basis for a euthanasia. Relevance of medical ethics and
human rights makes a doctor according to the knowledge he has must strive to protect and defend the patients
life. Legal and human rights prospect to protect the rights of patients in the practise of euthanasia have not
been properly implemented.
Indonesia does not recognize the right to die as a human right, only recognize the right to life.


Keywords : Euthanasia, the right to life , human rights


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