PASSIVE EUTHANASIA ON INDONESIA LAW AND HUMAN RIGHTS

Authors

  • Tomy Pasca Rifai University of Lampung

DOI:

https://doi.org/10.24127/lr.v2i1.681

Keywords:

passive euthanasia, with-drawing life supports, healthcare cost, right to live

Abstract

Discussion regarding passive euthanasia is strongly related to the law and human rights as noted in the Article 6 (1) International Covenant on Civil and Political Rights assert that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life†which has been ratified by Indonesia Law No. 12 of 2005. Hence, this research perspective mainly focuses on the law regarding medical issues especially the passive euthanasia, which occurs indirectly from a doctor with the request or consent of the patient and/or the family to refuse, discontinue, or reject medical efforts. Further, there are two types of legal relationships between patients and doctors in the health services, which is contractual and the therapeutic relationship in relation to laws and regulations, i.e the regulation of the Minister of Health No. 37 of 2014, Law of Health No. 36 of 2009, Law of Medical Practices No. 29 of 2004 and the Indonesia code of medical ethics which states that "Every doctor should always remember his duty to protect the lives of human beings". The purpose is to study the procedures of with-drawing life supports, medical records, and the informed consent. Furthermore, the major issue is that the legality of passive euthanasia will mentality force the terminate-ill patient to perform passive euthanasia (healthcare cost versus the right to live), hence we suggest to tighten the procedures regarding passive euthanasia.

References

Journal
Dame Cicely Saunders, Euthanasia: Right To Die, Social Science Research Network Journal, http://www.ssrn.com, 2010.

Books
Sugiri, Euthanasia: A struggle between Reason, Moral and Legal in the book Bioethics: Enclosing the Minotaur in the Labyrinth, Salatiga: Pustaka Percik, 2009.

Tejawinata, Sunaryadi The Palliative Care is the Human Rights, asserted on palliative worldwide commemoration on seminar day dated October 26, 2008, Surabaya. (The Center for Development of Palliative Care and Pain-Relief Hospital Dr. Soetomo on the period 1992-2006)


Legal Documents:
Indonesia, Undang-Undang Nomor 29 Tahun 2004 Tentang Praktik Kedokteran. Law, Number 29: 2004

Indonesia, Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan. Law, Number 36:2009

Indonesia, Permenkes Nomor 37 Tahun 2014 Tentang Penentuan Kematian dan Pemanfaatan Organ

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Published

2018-06-30

Issue

Vol. 2 No. 1 (2018): Muhammadiyah Law Review

Section

Articles

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