Withdrawing life supports therapy in human rights perspective

Abstract

Indonesia was a country implementing welfare state concept and it meant that State’s intervention to the citizens’ life, from birth to death, was to be a consequence. The enactment of Minister of Health’s Regulation (Permenkes) Number 37 of 2014 on Determination of Death & Utilization of Donor Organs was an example of such interven- tion. In Human Rights perpective, Indonesia was one of the countries having Pro-Life standing point, therefore, euthanasia practice was prohibited because it prioritized the right to life. In line with technological development in the field of medicine, the understanding of human rights and changes within the legislation itself, euthanasia was passively regulated in the legislation. One of the provisions said that for a patient who was in an incurable condition due to his or her illness (terminal state) and medical measures were futile, withdrawing or delay in life support therapy could be taken. However, the term termination of life” was subject to strict requirements and re- strictions. The right of self-determination was one of the requirements that should be fulfilled in the withdrawing life supports therapy procedure.