ANALISIS YURIDIS PROSEDUR DO NOT RESUSCITATE (DNR) DALAM PERSPEKTIF HUKUM PIDANA DI INDONESIA

Abstract

Indonesia explicitly prohibits the practice of active euthanasia, as stipulated in Article 344 of The Indonesian Criminal Code (KUHP). However, advancements in medical science have introduced the concept of Do Not Resuscitate (DNR), a medical directive instructing healthcare providers not to perform resuscitation on patients under specific conditions, such as terminal illness or medical futility. Although DNR does not constitute active euthanasia, it has sparked debate due to its perceived similarity to passive euthanasia. In Indonesia, DNR is not yet regulated under statutory law but is addressed through Permenkes (Regulation of the Minister of Health) Number 37 of 2014. The phrase in Article 15 paragraph (3) of the Permenkes, which states, “…telah mewasiatkan pesannya…”, is considered analogous to the phrasing in Article 344 pf the KUHP, “…atas permintaan sendiri yang dinyatakan dengan kesungguhan hati…”, thereby creating potential for legal ambiguity. This paper aims to examine and analyze the DNR procedure and compare it to the legal provision on euthanasia using a normative juridicial approach. The study adopts a normative legal research method, focusing on the analysis of relevant legislation. Fundamentally, DNR is regarded as a form of passive euthanasia that may be ethically and legally justified under certain medical conditions, distinguishing it from prohibited active euthanasia.