<![CDATA[Purpose: This study investigates the legal friction surrounding active euthanasia, physician-assisted suicide, and patient self-determination within the framework of international human rights law and Indonesia's new National Criminal Code (Law No. 1 of 2023). It aims to provide a juridical reconstruction of the "right to die with dignity" for terminally ill patients.Research Methodology: A normative legal research design is employed, using descriptive analysis through a statutory, doctrinal, and comparative approach. The primary legal materials include Law No. 1 of 2023 on the Criminal Code, Law No. 17 of 2023 on Health, the International Covenant on Civil and Political Rights (ICCPR), Supreme Court Regulations, and Constitutional Court Decisions.Results: Findings reveal that Article 461 of the new Criminal Code retains a rigid criminalization of mercy killing, conflicting with bodily autonomy principles guaranteed under international human rights frameworks. Reconstructing the right to die requires establishing tight statutory exceptions, objective medical protocols, and multi-layered judicial oversight.Conclusions: The strict punitive paradigm in Indonesian criminal law fails to address severe medical futility. Progressive legal reform, balancing autonomy and state protection, is imperative to avoid arbitrary suffering.Limitations: The analysis was limited to adult patients with decision-making capacity undergoing terminal illnesses and did not cover non-voluntary euthanasia or pediatric cases.Contributions: This research contributes to bioethical jurisprudence by offering a blueprint for legislative reform in developing legal systems that balance human rights and criminal codification.]]>
Copyrights © 2026
