The Legal Reformulation of Euthanasia from the Perspective of Criminal Law and Human Rights in Indonesia

Abstract

This paper is an extension of the proceedings article entitled "Implications of Criminal Law and Human Rights on Euthanasia Practices in Indonesia" by Joice Soraya, Deni Setya Bagus Yuherawan, and Galih Setya Refangga, published in the Proceedings of the 2024 Actual Law Seminar. This journal aims to expand this study by examining in more depth the urgency of reformulating euthanasia law from the perspective of criminal law and human rights in Indonesia. Through a normative juridical approach, this study analyzes national legislation, medical ethics perspectives, and human rights principles in both national and international contexts. Euthanasia in Indonesia is still considered a criminal offense under Article 344 of the Criminal Code, despite demands from the public and medical developments urging more accommodating regulations. This study finds that there needs to be a balance between protecting the right to life and respecting the right to self-determination, so that reformulating euthanasia law is a necessity in the context of human rights protection and legal certainty. This journal also includes comparative studies and jurisprudential analysis from several countries that have legalized euthanasia as a reflective basis for the formation of national law in Indonesia