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URGENSI PENGATURAN DO NOT RESUSCITATE (DNR) DALAM SISTEM HUKUM KESEHATAN DI INDONESIA Rizka Rizka; Friska Azharun Tyas Ardellia; Yusril Aulia Patra
JOURNAL IURIS SCIENTIA Vol. 4 No. 2 (2026): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

This study examines the Do Not Resuscitate (DNR) regulation in global health law and the urgency of its establishment in Indonesia. This study uses a normative approach with descriptive-analytical specifications through both statutory and conceptual approaches. The data sources used include primary legal materials, namely the 2023 Health Law, Minister of Health Regulation Number 37 of 2014, and the Indonesian Code of Medical Ethics (KODEKI), as well as secondary legal materials in the form of books, journals, and previous research. The results of the study indicate that: (1) DNR regulation at the global level has developed steadily, including through international instruments such as the Universal Declaration of Human Rights (1948) and the International Conference on Medical Ethics (2024), as well as regulations in various developed countries, such as the Uniform Health-Care Decisions Act in the United States (through the POLST scheme), the Mental Capability Act in the United Kingdom (through DNACPR), and Advance Care Planning in Japan; (2) In Indonesia, DNR regulations are still implicit, reflected in the Health Law (Articles 276 and 293) and the Minister of Health Regulation (Article 14), thus giving rise to legal, potential criminal risks under the Criminal Code (Articles 458 and 474), and ethical conflicts in medical practice. The urgency of establishing DNR regulations in Indonesia is based on a human rights perspective, the Beauchamp-Childress bioethics principle, and the theory of legal positivism.
Perlindungan Hukum terhadap Anak sebagai Pelaku Penyalahgunaan Narkotika melalui Media Digital: Studi Kompratif Hukum Islam dan Hukum Positif Indonesia Yusril Aulia Patra; Muchamad Iksan; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/c43fza62

Abstract

Drug abuse by children is now developing through new patterns based on digital technology, such as transactions via social media, encrypted communication, and the influence of online social media. This situation places children in two positions simultaneously: as perpetrators of drug abuse and as victims of telematic crimes that exploit their vulnerability. This article analyzes the legal protection of children as perpetrators of drug abuse through digital media using a comparative approach between Islamic law and Indonesian positive law. Using a normative juridical method, this study finds that Islamic law emphasizes the protection of the soul and mind through the maqashid sharia, so that moral rehabilitation and spiritual development are priorities in child care. Meanwhile, Indonesian positive law, through the SPPA Law and the Narcotics Law, positions children as parties who must be protected with a rehabilitative and restorative justice approach, including when drug abuse is carried out through electronic means. The results of the study indicate that the development of telematic modes in drug abuse requires stronger harmonization between Islamic legal values and national regulations to provide comprehensive protection for children amid the rapid threat of digital crime against the younger generation.
Legal Protection for Children Involved in Narctics Abuse from An Islamic Law Perspective Yusril Aulia Patra; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The abuse of narcotics by children is a serious issue that threatens not only their health but also violates existing legal norms. This research focuses on the fact that children involved in such cases require an approach that is not solely punitive (repressive), but also rehabilitative. In Islamic teachings, protection of children is based on the values of compassion (rahmah), justice (al-'adalah), and public benefit (maslahah). This study explores how these principles are applied to protect children from the harmful effects of narcotics while also offering them opportunities for rehabilitation. The method used in this research is normative juridical, using a literature review approach. The legal basis used includes primary and secondary legal sources, which are analyzed deductively. The results of the analysis indicate that both Islamic law and national law align in promoting restorative justice, aiming for comprehensive protection of children. These findings are expected to serve as a foundation for developing more humane legal strategies focused on safeguarding children's rights.