Euthanasia Acts from the Perspective of Criminal Law and Human Rights

Abstract

Euthanasia in positive criminal law regulations in Indonesia has not been regulated firmly and specifically. And according to human rights, the act of euthanasia is a violation of a person's right to life. The act of euthanasia itself occurs because of the unbearable suffering a person experiences due to a disease that has no hope of being cured. The patient or family will ask the doctor to carry out euthanasia because they have lost hope or the opportunity to be cured with other alternatives. Juridically, criminal law, the act of euthanasia is indirectly regulated in articles 304, 344 and 345 of the Criminal Code as well as articles 461 and 462 of Law number 1 of 2023 and in human rights the act of euthanasia is very contrary to a person's right to life, the emergence of the act of euthanasia It has become a demand that euthanasia is part of human rights, namely the right to die. This right to die is not regulated either in the 1945 Constitution, Law Number 39 of 1999, and the Universal Declaration of Human Rights. The new thing that can be stated is that the process of legislation and legal reform, especially regarding this action, must continue to be carried out based on Pancasila and the 1945 Constitution of the Republic of Indonesia, taking into account the religious and cultural norms that apply in Indonesian society.