scholarly journals Eutanasia dan Hak Asasi Manusia

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 193
Author(s):  
Rospita A. Siregar
Keyword(s):  
Human Rights ◽  
Terminal Illness ◽  
Developed Countries ◽  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Normative Approach ◽  
Lethal Injection ◽  
Incurable Condition ◽  
The Right

A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

scholarly journals EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM
Keyword(s):  
Human Rights ◽  
Good Death ◽  
Right To Die ◽  
Human Being ◽  
Right To Life ◽  
Indian Culture ◽  
International Convention ◽  
Hindu Religion ◽  
Mercy Killing ◽  
The Right

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

Does the Unborn Child Have a Right to Life? The Insufficient Answer of the European Court of Human Rights in the Judgment Vo v. France

2006 ◽  
Vol 7 (4) ◽  
pp. 433-444 ◽  
Author(s):  
Jakob Pichon
Keyword(s):  
Human Rights ◽  
Pregnant Woman ◽  
Criminal Code ◽  
European Convention ◽  
Unborn Child ◽  
Criminal Proceedings ◽  
Right To Life ◽  
European Court ◽  
French Court ◽  
The Right

In the July 8, 2004 case of Vo v. France, the European Court of Human Rights (“ECtHR”) dealt with the question of whether the embryo/fetus (“the fetus”) enjoys the protection of the right to life provided by Article 2 of the European Convention on Human Rights (“the Convention”). Below, a pregnant woman lost her fetus due to an error made by the attending doctor, and the Cour de Cassation, the French court of last instance, acquitted the doctor of involuntary homicide on the grounds that a fetus is not a person within the meaning of the French Criminal Code. Claiming a violation of her child's right to life within the meaning of the Convention, the woman appealed to the ECtHR. The ECtHR left open the question whether or not a fetus falls within the scope of Article 2; declaring that, even assuming Article 2 was applicable to a fetus, there had been no failure by France to comply with its obligations under Article 2, because the ECtHR deemed the institution of criminal proceedings unnecessary. Rather, it considered the possibility for the applicant to bring an action for damages as sufficient and therefore found that there had been no violation of the fetus's right to life.

Law and Society - Euthanasia and Criminal Law

2018 ◽  
Vol 5 (2) ◽  
pp. 142-150
Author(s):  
Brunela Kullolli ◽  
lrjan Hysa
Keyword(s):  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Human Right ◽  
Positive Effects ◽  
Criminal Offenses ◽  
The Republic ◽  
The Right ◽  
Sustainable Protection ◽  
Protection Of Life

Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

4. Right to life and freedom from ill-treatment

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
European Convention ◽  
Right To Die ◽  
Controversial Issues ◽  
Human Beings ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to life and freedom from ill-treatment, considered the two most fundamental human rights premised on the idea of the inherent dignity of human beings. The chapter examines the right to life as elucidated in Article 2 of the European Convention on Human Rights (ECHR), along with the ECHR’s positive obligations. It also highlights exceptions in Article 2(2) and the European Court of Human Rights’ (ECtHR) adjudication on controversial issues as to when life begins and ends, including abortion, the right to die, and the death penalty. The chapter then examines Article 3 and the interpretation of the Article by the ECtHR. In addition, the chapter looks at the UK’s approach to freedom from ill-treatment and the right to life, and concludes with a discussion of the scope of Article 3 with regard to freedom from ill-treatment.

scholarly journals The Right to Life Based on Human Rights Principles: A Normative Study of the Death Penalty in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Doortje Durin Turangan ◽  
Emma V.T. Senewe ◽  
Wempie Jh. Kumendong ◽  
Jemmy Sondakh
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Death Penalty ◽  
Criminal Code ◽  
Right To Life ◽  
Normative Study ◽  
Legal Norms ◽  
Pros And Cons ◽  
The Absolute ◽  
The Right

The right to life is the absolute right of every person and is included in the category of rights that cannot be reduced. Indonesia is one of the countries that still maintains and recognizes the legality of the death penalty as a way to punish the perpetrators of certain criminal acts such as narcotics, terrorism, and murder crimes despite the pros and cons. This study aims to investigate the regulation of the right to life against the death penalty in Indonesia, the construction of the death penalty law from human rights viewpoint, and the judge's consideration in imposing the death penalty associated with the principles of human rights. This study used a qualitative normative juridical approach by referring to the legal norms in statutory regulations and norms of the society. The findings highlight that the early existence of the death penalty in Indonesia is legally regulated in the Criminal Code, most of which are from the Netherlands, namely WvS (Wetboek van Strafrecht).

scholarly journals KEBERADAAN PIDANA MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)

2020 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Ni Komang Ratih Kumala Dewi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Capital Punishment ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Right

Capital punishment is the heaviest crime and difficult to apply in a country of law considering the death penalty is one of the acts of human rights violations, but to make someone discourage of committing a crime there needs to be rules or penalties that can provide a deterrent effect and provide security for the community from all form of crime. The purpose of writing is directed to find out the regulation of the Death Penalty in the Criminal Law Code which is stipulated in several articles in the Criminal Code and the existence of capital punishment in the legal system in Indonesia in terms of human rights perspective, which of course would be contrary to human rights, especially the right to life, however capital punishment is also needed as an effort to prevent the occurrence of crimes, especially those classified as serious

scholarly journals The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights

2020 ◽  
pp. 105-110
Author(s):  
Maryna Kyrsanova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Die ◽  
Main Body ◽  
Active Euthanasia ◽  
Right To Life ◽  
Human Right ◽  
Passive Euthanasia ◽  
European Court ◽  
The Right

Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.

Sign in / Sign up

Export Citation Format

Share Document