Passive Euthanasia and the Right to Human Dignity: Ethical and Legal Analysis

Abstract

This study aims to examine the legal regulations related to passive euthanasia in Indonesia by highlighting the issues of the right to life, the right to die with dignity, and the ambiguity of regulations that affect patients and medical personnel. The study focuses on analyzing how positive law, bioethical principles, and human rights should guide end-of-life decisions. The research method used is normative legal research with an interdisciplinary approach, through the review of legislation, concept analysis, and comparison of practices in several countries. The results of the study found that Indonesia does not yet have specific regulations regarding passive euthanasia; Law Number 17 of 2023 concerning Health and Law Number 29 of 2004 concerning Medical Practice only regulate the right of patients to refuse treatment in general without providing implementable guidelines for medical decisions in terminal conditions. This void creates uncertainty and vulnerability for both doctors and patients. Comparisons with the Netherlands and Japan show that strict regulations, accompanied by oversight mechanisms, can prevent abuse while still respecting patient autonomy. Based on these findings, this study recommends regulatory reform through the drafting of provisions on health wills, living wills, and the strengthening of palliative care services as steps to ensure legal certainty and the protection of human dignity. Overall, the study emphasizes that more ethical, comprehensive, and human rights-based legal reforms are urgently needed to address contemporary medical challenges.