CD Tesis
Analisis Kebijakan Hukum Pidana Atas Praktek Euthanasia Pasif Berdasarkan Hukum Positif Di Indonesia
One of the human rights is the right to life. The right to life is the most basic right that cannot be eliminated, taken away and taken away by anyone, but is excluded if according to the law the right to life must be taken away. However, at present there are several cases of the right to life of a person being removed on their own accord without any element of coercion or it is also called a good death without suffering. In medical terms this good death without suffering is also called euthanasia. According to R. Soeprono, the types of euthanasia are as follows: voluntary euthanasia, forced euthanasia, active euthanasia, and passive euthanasia. Based on Article 51 of Law Number 29 Year 2004 concerning Doctor's Practice, a doctor has an obligation to provide emergency aid on a humanitarian basis. However, there are still hospitals that reject poor patients. This is classified as passive euthanasia. In Indonesia, legally formal, euthanasia, both active and passive, has not been regulated. Thus, it always creates polemics and lengthy discussions if there are cases related to euthanasia. Therefore, in Indonesia there is a need for legal reform which regulates firmly and clearly regarding euthanasia both the terms of its enforcement and sanctions if it is violated. Whether it's active euthanasia or passive euthanasia.
This study aims to determine the criminal law policy on the practice of passive euthanasia based on positive law in Indonesia and to find out the provisions of criminal law policies on the practice of passive euthanasia in Indonesia in the future. This research is a type of normative legal research, with a normative juridical approach, namely an approach carried out by examining and exploring theories, concepts, and laws and regulations relating to the subject matter that will be discussed in this thesis. This writing is descriptive in nature, that is, it provides data that is as accurate as possible about humans, conditions or other symptoms. In this normative research, the writer conducts clinical legal research, namely to find out whether the law applied is appropriate to solve a particular case or problem.
Keywords: Criminal Law Policy – Criminal Act – Euthanasia.
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