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Rospita A. Siregar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Eutanasia dan Hak Asasi Manusia Rospita A. Siregar
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1145

Abstract

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
PENERAPAN UNDANG-UNDANG NOMOR 13 TAHUN 2006 SEBAGAI BENTUK HUKUM YANG BERSIFAT RESPONSIF (TINJAUAN KASUS PELECAHAN PASIEN OLEH SEORANG PERAWAT) Rospita A. Siregar
to-ra Vol. 4 No. 2 (2018): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i2.1173

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Abstract The responsive nature of the law according to Philippe Nonet and Philip Selznick aims to achieve competence in order to obtain a sense of justice and meet the expectations of the community, not merely offering procedural justice but substantive justice. The formation of Law number 13 of 2006 concerning Protection of Witnesses and Victims (UUPSK) as a product of regulations that are subordinate to the principles and policies of the government was born as a form of rule of law in society. The results obtained from the testimony of witnesses and victims helped the prosecution of a case. Article 3 states that the protection of witnesses and victims is based on respect for human dignity, security, justice; non-discriminatory and legal certainty. The problem is when witnesses and victims provide information, fear and trauma arise to explain what happened, so that witnesses need protection for themselves and their families. In the case of the abuse of female patients by male nurses in hospitals in East Java, as a result of this unpleasant treatment, the victim’s husband reported to the authorities, the victim’s family demands a form of hope for law enforcement and subsequently obtained justice and legal certainty. The legal process to determine whether a claim is proven in the form of a violation of the law, then there are two elements that must be ful lled namely: the actus reus element or the essential element of crime and mens rea (mental element). Keyword : legal certainty; UUPSK; non-discriminatory; violation of the law.
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