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All Journal PATTIMURA Legal Journal Journal of Law and Legal Reform
Ezenduka, Uzodinma Yurriens
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Law, Crime, Criminology & Criminal Justice

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Legal Reform for Passive Euthanasia in Indonesia: A Comparative Analysis of Policy and Ethics Ezenduka, Uzodinma Yurriens; Halder, Debarati
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20498

Abstract

This study aims to elaborate on the ethical and legal problems concerning passive euthanasia and Advance Directives (ADs) in Indonesia, focusing on the legal obscurity in current legislation, which causes uncertainties among families and medical practitioners. Although Indonesia’s Penal Code criminalizes active euthanasia, it remains silent on passive euthanasia, making healthcare providers vulnerable to the risk of prosecution when withholding or withdrawing futile treatments. Using a normative juridical approach, this research primarily analyzes Indonesian statutes and compares them with those of India, Saudi Arabia, and Iran. Despite provisions in health laws for patients to refuse treatment, the absence of explicit guidelines forces healthcare providers to operate with legal uncertainty. A comparative analysis of India’s legalization of passive euthanasia showcases how legislative clarity can align with ethical, medical, and societal needs. Insights from Islamic-majority countries like Saudi Arabia and Iran also reveal that Islamic jurisprudence, through the harm reduction principle, can be aligned with passive euthanasia within an ethical framework. Several particular reform recommendations are provided in this regard in the study, comprising amending the Penal Code to differentiate passive euthanasia and murder, establishing formal AD procedures, and introducing ethics committees and dual-approval oversight to maintain the ethical purity of the process. These reforms and public awareness initiatives would enhance the principle of patient autonomy and clarify misconceptions and legal responsibilities, providing overall improvement in an unattended aspect of medical care.
Reforming Indonesia's Criminal Prosecution System: The Challenge of Integrating Modern Evidence in Addressing Transnational Crime Kariawan, I Ketut Dody Arta; Majid, Abdul; Aprilianda, Nurini; Afandi, Fachrizal; Ezenduka, Uzodinma Yurriens
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.22004

Abstract

Introduction: The development of transnational crime fundamentally requires efforts to update the criminal evidence system in Indonesia. This is because the characteristics of transnational crime are cross-border and are committed using technological advancements that are not yet covered or even regulated by positive law in Indonesia. Purposes of the Research: This research aims to analyze and propose reforms to the criminal justice system in Indonesia by integrating modern evidence in the face of transnational crime. Methods of the Research: This research uses a normative legal research method with a conceptual and legislative approach. Results Main Findings of the Research: The results of this study confirm that the urgency of reforming the criminal evidence system in Indonesia is a highly pressing and crucial matter for addressing the complexities of transnational crime, particularly money laundering, which demands more adaptive and effective methods of proof than the current provisions in the Criminal Procedure Code. More detailed updates to the Criminal Procedure Code regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps. The reform of Indonesia's criminal evidence system, which integrates modern evidence tools to combat transnational crimes, requires a substantive revision of Article 184 of the Criminal Procedure Code to explicitly include electronic evidence as a category of valid evidence. Therefore, more detailed updates to the Criminal Procedure Code and the Anti-Money Laundering Law regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps to strengthen the effectiveness of law enforcement against transnational crimes.
Co-Authors Abdul Majid Fachrizal Afandi Halder, Debarati Kariawan, I Ketut Dody Arta Nurini Aprilianda