The Reconstruction of Euthanasia Regulations by Medical Personnel Based on Dignified Justice
Abstract
Euthanasia by medical personnel in Indonesia is not yet systematically or specifically regulated, resulting in implementation that lacks dignified justice. Therefore, clear regulations based on the principle of dignified justice are urgently needed to guide euthanasia practices by medical personnel. The purpose of this study is to analyze and find out why the current regulation of euthanasia by medical personnel is not based on dignified justice, to analyze and find out what the weaknesses are in the current regulation of euthanasia by medical personnel and to analyze and find out how to reconstruct the regulation of euthanasia by medical personnel based on dignified justice. This study uses a constructivism paradigm with analytical descriptive research specifications, with sociological juridical methods, and with a qualitative research design. The types of data are primary, secondary and tertiary legal materials. Data collection methods include literature studies, observations, and interviews. Data are analyzed using qualitative analysis. The regulation of euthanasia by medical personnel in Indonesia is not yet based on dignified justice, with inconsistent implementation that fails to ensure legal certainty, justice, or public benefit. The main weakness lies in the absence of specific legal provisions, limited understanding of health law among law enforcers, and low public awareness of health law. This results in uneven law enforcement. To address these issues, it is necessary to reconstruct regulations by adopting international values from countries like the Netherlands, Malaysia, and the United States, along with national wisdom. Such regulation should aim to provide balanced protection for medical personnel, patients, families, and society as a whole. Reconstructing Article 192(1) of Law 17/2023 could create euthanasia regulations that ensure legal certainty, benefits, justice, and uphold human dignity in Indonesia.
References
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Fadhlna Alias, Mizan Muhammad, Putri Nemie Jahn Kassim, Legality of Euthanasia from Malaysian and Islamic Perspectives: General Review of Medical Law,.September 2015;34(1):509-532
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Book:
Ediwarman, 2010, Monograph, Legal Research Methodology, Medan: Postgraduate Program of Muhammadiyah University of North Sumatra, Medan
Norman K. Denzin, Yvonna S. Lincoln, 2009, Handbook of Qualitative Research, translated by Dariyatno, Badrus Samsul Fata, Abi, John Rinaldi, Putaka Pelajar, Yogyakarta.
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Legislation
Constitution of the Republic of Indonesia
Law of the Republic of Indonesia Number 40 of 2004 concerning the National Social Security System.
Law of the Republic of Indonesia Number 29 of 2004 concerning Medical Practice;
Law of the Republic of Indonesia Number 36 of 2009 concerning Health
Law of the Republic of Indonesia Number 44 of 2009 concerning Hospitals
Law of the Republic of Indonesia Number 11 of 2009 concerning Social Welfare;
Law of the Republic of Indonesia Number 24 of 2011 concerning the Social Security Administering Body;
Law of the Republic of Indonesia Number 36 of 2014 concerning Health Workers.
Law of the Republic of Indonesia Number 17 of 2023 concerning Health.
Government Regulation Number 49 of 2013 concerning the Hospital Supervisory Agency.
Website
https://pubmed.ncbi.nlm.nih.gov/30759949/ accessed June 18, 2025
www.hukumonline.com/berita/a/euthanasia-di-indonesia--masalah-hukum-dari-kisah-kisah-yang-tercatat-lt5dd4f5e2a4f7f/?page=all accessed June 18, 2025
https://eportfolio.utm.my/user/muhammad-aliemeen-farhan-bin-r/gsa-euthanasia accessed June 18, 2025
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