Tinjauan Yuridis Tindakan Suntik Mati (Mercy Killing) oleh Dokter terhadap Pasien Penderita Penyakit Kronis Ditinjau dari Aspek Hukum Pidana Indonesia

Abstract

Lethal injection is an act of active euthanasia which in its development is defined as ending life out of mercy (Mercy killing). Mercy killing is unlawful, as stipulated in Article 344 of the Criminal Code and contrary to the purpose of medicine to heal the patient's soul. In fact, doctors are often faced with cases of lethal injection requests, so ethical, moral, and legal demands are needed. The formulation of the problem in this thesis is: How to regulate mercy killing in terms of the aspects of Indonesian Criminal Law; How the criminal responsibility of doctors to patients is viewed from the aspects of Indonesian Criminal Law; How is the debate on the application of mercy killing in Indonesia. The method used in writing this thesis is the normative juridical research method, which is a method that refers to legal norms carried out with literature studies. This research is descriptive. The data analysis method used is qualitative descriptive. The regulation of mercy killing in terms of the aspects of Indonesian Criminal Law can be seen in Article 344 of the Criminal Code and Article 461 of Law No. 1 of 2023 is considered the closest, Although neither article mentions the term euthanasia concretely. The term active euthanasia is referred to in the explanation of Article 461 of Law No. 1 of 2023. Doctor's criminal liability is reviewed from the Indonesian Criminal Law, doctors who are found guilty of giving lethal injections to patients, can be in the form of imprisonment. The debate on the application of mercy killing in Indonesia is divided into: the group agrees, arguing that the act is a human right that every human being has to determine his life including the right to die which is equal to the right to life; And the counters argue, that mercy killing is essentially a suicide prohibited by many religions and considered an unlawful murder.