The Rights to Die as a Part of the Self Determination in Health

Abstract

At first all the countries in the world have made the euthanasia as a criminal offense. The Penal Code various countries in the world still make euthanasia as a crime, a person is not allowed to end his life with the help of a doctor. But in its development has been a change in outlook. Gradually, the change was initiated by dropping a light punishment for the perpetrators of euthanasia because it is still forbidden in its Penal Code. Now, many countries that allow or are no longer punish the perpetrators of euthanasia. Patients suffering from a disease that medical science is no longer possible to cure has been given the possibility to end his life at his own request (euthanasia).

Indonesian's Penal Code still makes euthanasia as a crime, both the Penal Code that is applicable now as well as the Draft of Penal Code bill which is now being discussed in Parliament. The articles of the Indonesian's Penal Code that may be used to punish the euthanasia are:

1. 1.       If the doctor be stopped the treatment and/or use of medical devices for patients who really need it to be able to live so that the patient finally dies, then against the offender (the doctor) maybe be punished with the Article 338 of the Penal Code (murder), which is identical in content to the Article 580 of the Draft of Indonesian's Penal Code, or even Article 340 of the Penal Code (murder), which is similar to Article 581 of the Draft of the Indonesian's Criminal Code.

2.  If the doctor be stopped the treatment and/or use of medical devices at the request of the earnest of the patient (or family if the patient is no longer able to express his will), maybe be punished to Article 344 of the Penal Code (active euthanasia), which is identical in content to Article 583 of the Draft of Penal Code.

3.  If the doctor does not do anything treatment and/or use of medical devices for patients who really need it to be able to live, Ketikkan teks atau alamat situs web atau terjemahkan dokumen.

Batal

maybe be punished to Article 304 of the Penal Code, which was identical in content to Article 532 of the Draft of Indonesian's Penal Code.

Health Legal developments indicate that the right to die through euthanasia can be seen as a part of the right to self-determination over the body (including the soul attached to the body), as well as part of their human rights. But even so, the implementation of the right to die through euthanasia by doctors should remain strictly limited so that the exercise of the right to die through euthanasia is obliged to obtain consideration of several specialist doctors in the field of disease being suffered by patients who no longer possible to be cured medically.