Politik Hukum Pidana Pengaturan Euthanasia Di Indonesia.

Oleh : I Made Wahyu Chandra Satriana
dibuat pada : 2019
Fakultas/Jurusan : Fakultas Hukum/Ilmu Hukum

Kata Kunci :
Keywords: agree and disagree Euthanasia, Criminal Law Politics, Euthanasia rules.

Abstrak :
The dissertation is entitled "Criminal Politics of Euthanasia Arrangement in Indonesia". The problem of Euthanasia is very interesting to examine, because Euthanasia is closely related to the life values of patients suffering from critical illness and is not possible to be cured. The patient is as if still breathing with the aid of a device called respirator for an uncertain period of time. This situation forces the patient to delay the process of his death by bearing tremendous pain. The patient's request to end his life because it is not strong enough to withstand the tremendous pain is not done by the doctor. Family patients and Doctors are afraid of Euthanasia because of legal implications. The rule of law closest to Euthanasia is found in Article 344 of the Criminal Code. There is a blurring of the norm in Article 344 of the Criminal Code, with the word "on request" accompanied by the phrase "which is clearly stated with sincerity" led to the formulation of Article 344 of the Criminal Code causing difficulties in its proof. There are three issues that are important to be studied and studied, namely: the basic consideration of the pros and cons of Euthanasia, Euthanasia arrangement in Indonesian criminal law perspective ius constitutum and political criminal law setting Euthanasia perspective ius constituendum. This research is a type of normative legal research using legislation approach, case approach, historical approach, comparison approach and conceptual approach. The legal material: primary, secondary and tertiary legal materials. The method of collecting materials using a combined method of snowball with a systematic method. The overall collected legal materials are analyzed through description, interpretation, systematic, argumentation and evaluation steps. The results of the research in this dissertation show that there are considerations of pros and cons of Euthanasia based on the ontological philosophical view affiliated with ideological philosophy, the epistemological view of the juridical perspective of human rights, the judicial fact view, the religious views, the social and cultural norms, the ethical views of the medical profession and the legal norm , Customary law and paranormal phenomena. In Indonesia, in the perspective of ius constitutum the formulation of the most closely related Article Euthanasia is Article 344 of the Criminal Code. Criminal law politics governing Euthanasia perspective ius constituendum is based on basic ideas of Pancasila which contains the balance of values / ideas / paradigms, namely: religious morals (humanity), humanism, nationality, democracy, and justice.

File :
Cover , Lembar Pengesahan , Daftar Isi, Abstrak, BAB I , BAB II , BAB III , BAB IV , BAB V , Daftar Pustaka , Halaman belakang lainnya