Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

'EUTHANASIA': AN ACT OF PERFORMANCE UNDER THE PURVIEW OF ETHICAL AND CONSTITUTIONAL ASPECTS

'Euthanasia' is the most debatable issue and has been a burning topic all over the world. The word 'Euthanasia' has been derived from Greek word 'Eu' means 'goodly' or 'well' and 'Thanatos' means 'death'. The lexicographical meaning of the word 'Euthanasia' is 'mercy killing' in which the intentional termination of the life of a terminally ill person is carried out by the assistance of another person. It is a process of carrying out a gentle and easy death of a terminally ill person when his death is desired to free him from his terribly painful life. 'Euthanasia' generally can happen in two ways – i. Passive Euthanasia and ii. Active Euthanasia. In Passive Euthanasia, the treating doctors withdraw life-support machines or withhold any further treatment to shorten the life of a dying person. In Active Euthanasia, the treating doctors apply overdose of painkillers or some other medications to quicken the death of a dying person. Some countries have legalized passive and some have legalized active euthanasia under certain legal guidelines. In this article, the subject of euthanasia has primarily been discussed from the perspective of its righteousness under the constitutional laws and its enshrinement. I also intended for a debate on the preference of active euthanasia over the passive euthanasia for quickening the death of a terminally ill person.

Euthanasia dalam Perspektif Hukum Islam

Euthanasia is an attempt to end someone life when he/she has an uncurable illness, euthanasia will be done in order to release his/her from suffering his/her illness. In Indonesia, euthanasia can not be done and it is classified as an illegal act. Both in the positive law and the ethics code regulate that performing an euthanasia is not allowed. Regarded to the perspective of Islamic law, also regulated that an active euthanasia is an act that is forbidden and punishable by God with a punishment of hell for those who did. Keywords: Euthanasia, Islamic Law, Death. Abstrak Eutanasia adalah suatu upaya untuk mengakhiri hidup seseorang ketika dia menderita penyakit yang tidak dapat disembuhkan. Eutanasia akan dilakukan untuk membebaskan dirinya dari penderitaan yang dideritanya. Di Indonesia, eutanasia tidak dapat dilakukan dan tergolong tindakan ilegal. Hukum positif maupun kode etik kedokteran mengatur bahwa eutanasia tidak diperbolehkan. Dalam perspektif hukum Islam, dijelaskan bahwa eutanasia aktif adalah perbuatan yang dilarang dan dapat dihukum oleh Allah dengan siksa neraka bagi mereka yang melakukannya. Kata Kunci: Euthanasia, Hukum Islam, Kematian

Thanatology under the perspective of ethics and bioethics: a systematic review

Objective: Clarify bioethical dilemmas and introduces the concepts of the various perspectives during the death process: patient with end-stage disease, dysthanasia, passive euthanasia, active euthanasia, assisted suicide, orthotoasia and kalotanasia. Methods: This is a systematic review whose data were extracted from the MEDLINE and BVS databases. In the first mentioned, the descriptors "thanatology" and "ethics" were used using the logical AND operator, which resulted in 45 articles, after refinement the sample registered 04 articles. In the second base, the search was performed with the same descriptors (n = 34), but only 12 were selected. Results: Stands out the concept of death, good death and terminality of life. In addition to exploring the ethical dilemmas, challenges and opportunities presented at death regarding dysthanasia, passive and active euthanasia, assisted suicide, orthopasia and organ transplantation. Final considerations: The conception of death is transformed over time, technological advances have allowed attempts to extend life and the introduction of ethical and bioethical impasses about the end of life.

Euthanasia Active in Perspective of Islamic Inheritance: An Overview of Islamic Law

Science and technology experience rapid development and progress. This is due to the increasing number of modern discoveries. Among the technological discoveries that are very important are inventions in the field of medicine. With modern medical equipment, a patient's suffering can be alleviated. But in reality, there are still some patients who cannot be avoided from severe suffering. Patients suffering prologed pain bring out compassion from the family. To release his suffering, the family who cannot bear to see his condition asks the doctor to take actions that can shorten the life of the patient, this kind of action in medicine is known as euthanasia. The Purpose of this research to find out how the position of inheritance rights for applicants of active euthanasia in the view of Islamic inheritance. This research uses library research by collecting books and scientific works related to the problem being discussed. The results of this study indicate that active euthanasia carried out by the hospital at the request of the heirs is seen as a barrier to inheritance, because it includes intentional and planned killings. Heirs are also seen as too hasty to get the right of inheritance.

Euthanasia in Serbia: Attitudes of Students of Law and Medicine

Background Voluntary active euthanasia represents one of the key topics in the contemporary world medicine, law, religious, ethical and moral issues. Serbia considers legalization of this procedure. Between the others, it is important to examine the student’s attitudes regarding this issue. Methods Data were obtained from the faculties of law and medicine, from the universities of Kragujevac and Niš, Serbia. Data were collected during the second half of 2017. The research included 214 students. Due to the nature, subject and hypothesis of the research, the authors used descriptive method and the method of the theoretical content analysis. Results Generally, 54% of the students are in favor of legalization of the voluntary active euthanasia. 62, 4% would take part in the referendum on the legalization euthanasia. Conclusion The results obtained in the survey on euthanasia on a sample of law and medical students in Niš and Kragujevac indicate that choice of the faculty (law or medicine) influences the structure (share) of responses to particular questions to some extent. However, this influence does not provide ground for conclusion that students’ opinion on legalization and application of euthanasia depends on fact they study law or medicine.

The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights

Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.

Death and Dying

There have been major advances in care of dying patients, and screenwriters, like physicians, have grappled with quality-of-life concerns, artificial prolongation of life, and active assistance in death. Palliation and active euthanasia have been constant, side-by-side considerations in the history of medicine. Assisted death, euthanasia, and self-determination in how to end life have been interests for film directors, and this chapter places these films in context. In real life death is dignified and peaceful, whereas in the movies death from disease is often agonizing and not easily over. In the movies, the sick seldom leave earthly existence in a convincing way.

Euthanasia as a reason for unworthiness to inherit

The provision on the right to a dignified death proposed in the Preliminary Draft Civil Code of the Republic of Serbia has again actualized the discussions on the legalization of euthanasia. Within the framework of inheritance legislation, there are discussions regarding the place of euthanasia among the reasons for unworthiness to inherit. In most legislations, euthanasia is still a criminal offense and, on that basis, the reason for unworthiness to inherit. In the legal systems where euthanasia is allowed, this procedure is completely performed by a doctor. Heirs are not involved in the procedure. Accordingly, euthanasia is not mentioned as a reason for unworthiness of the heir to inherit. The legal solution proposed in the Preliminary Draft of the Civil Code of the Republic of Serbia was discussed in general terms and left for further debate. By the time the proposed solution is adopted in this or a slightly modified form, active euthanasia will be the reason for unworthiness to inherit, while passive euthanasia could be discussed within some other legally prescribed reasons for unworthiness.