JURIDICAL ANALYSIS OF EUTHANASIA (RIGHT TO DEATH) BASED ON ARTICLE 344 OF INDONESIAN CRIMINAL CODE AND LAW NUMBER 39/1999 CONCERNING HUMAN RIGHTS
Agustina Syahroel

Borobudur University

Abstract

Euthanasia or the right to die is the practiced of depriving human or animal life in a way that is considered TENTANG 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

Topic: Intelectual Property Rights