PERLINDUNGAN PEMENUHAN DAN PENGHORMATAN HAM DALAM EUTHANASIA BERDASARKAN HUKUM POSITIF

Septiana, Dewi (2017) PERLINDUNGAN PEMENUHAN DAN PENGHORMATAN HAM DALAM EUTHANASIA BERDASARKAN HUKUM POSITIF. Masters thesis, Universitas Sebelas Maret.

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    Abstract

    ABSTRACT Dewi Septiana. S301502011. 2017. Analysis of Protection, Fulfillment, and Respect of Human Rights in Euthanasia based on Positive Law. Thesis: The Master’s Degree Program in Law Science, Sebelas Maret University, Surakarta. This research studies human rights in euthanasia based on positive law, as a reference for the Government of Indonesia in protecting, fulfilling and respecting human rights in euthanasia. This research used the normative law or doctrinal law method in the nature of descriptive research and in the form of perspective research. The approach techniques used in this research were (1) legislative approach, and (2) comparison approach with sources of secondary data in the form of primary law material, secondary law material, and non-law material. The data of this research were collected through library research technique and analyzed by using the deductive technique of analysis. The results of this research are as follows: euthanasia is not a justification for the right to die, but a respect of the right of autonomy that every patient has. The right of autonomy is a right of a patient that shall be respected as a free right to determine his or her own decision on the intended care. In Indonesia, euthanasia has not been regulated specially and has not been accepted in society. Passive euthanasia is regulated in term of termination of life support therapy, yet it contradicts other higher laws. Active euthanasia and passive euthanasia are categorized as criminal acts because of the loss of human lives as stated in a number of formulations of the articles of the Indonesian Criminal Code (KUHP). Thus, effective change and harmonization of law regarding the legalization of euthanasia is needed in order to give a legal certainty to all party. Keywords: right protection, right fulfillment, right respect, human rights, positive law

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pasca Sarjana
    Pasca Sarjana > Magister
    Pasca Sarjana > Magister > Ilmu Hukum - S2
    Depositing User: Nanda Rahma Ananta
    Date Deposited: 04 Sep 2017 20:44
    Last Modified: 04 Sep 2017 20:44
    URI: https://eprints.uns.ac.id/id/eprint/34419

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