Published online: 2018
Abstract
Indonesia was a country implementing the welfare state concept, and it meant that State's intervention to the citizens' life, from birth to death, was to be a consequence. The enactment of Minister of Health's Regulation (Permenkes) Number 37 of 2014 on Determination of Death & Utilization of Donor Organs was an example of such intervention. From a Human Rights perspective, Indonesia was one of the countries having a Pro-Life standing point. Therefore, euthanasia practice was prohibited because it prioritized the right to life. In line with technological development in medicine, understanding human rights, and changes within the legislation itself, euthanasia was passively regulated in the legislation. One of the provisions said that "for a patient who was in an incurable condition due to his or her illness (terminal state) and medical measures were futile, withdrawing or delay in life support therapy could be taken." However, the term "termination of life" was subject to strict requirements and restrictions. The right to self-determination was one of the requirements that should be fulfilled in the withdrawing life-support therapy procedure. |