EUTHANASIA DALAM PERSPEKTIF HUKUM KESEHATAN: STUDI KOMPARATIF DI INDONESIA DAN BELGIA

Abstract

The development of health technology has raised ethical and legal issues, including euthanasia. In Indonesia, euthanasia is prohibited under Article 461 of the National Criminal Code, while Minister of Health Regulation Number 37 of 2014 on Death Determination and Donor Organ Utilization allows limited withholding or withdrawal of life-support treatment in terminal and futile conditions. This divergence between criminal and health law on end of life care raises questions about euthanasia's legal status. This study analyzes euthanasia's legal status in Indonesia's health law system and compares criminal law system in Indonesia and Belgium. It uses normative legal research with statutory, comparative, and conceptual approaches, applying prescriptive analysis. Findings show active euthanasia remains a criminal offense, while withholding or withdrawing life support treatment differs in purpose, procedure, and intent, and this divergence still causes norm disharmony and legal uncertainty. Comparison with Belgium shows Indonesia's legal transformation on euthanasia can only be partial, adapting substantive requirements, advance directives, and independent oversight consistent with the Constitution and Pancasila values. This study proposes harmonizing the National Criminal Code, Law Number 17 of 2023 on Health, and Minister of Health Regulation Number 37 of 2014 to ensure legal certainty for healthcare professionals and patients