The Legal Significance of Informed Consent in Euthanasia: A Comparative Jurisdictional Analysis of Indonesia and Switzerland
- DOI
- 10.2991/978-2-38476-519-5_51How to use a DOI?
- Keywords
- Euthanasia; Informed Consent; Health Law; Patient Rights; Comparative Legal Study; Switzerland; Indonesia
- Abstract
Euthanasia presents a complex ethical and legal dilemma, particularly concerning the legal force of informed consent as the basis for end-of-life medical decisions. This study aims to compare the legal strength of informed consent in the practice of euthanasia in Indonesia and Switzerland, two countries that represent contrasting legal and cultural approaches to end-of-life issues. Employing a normative-comparative legal method, the research analyzes statutory laws, court decisions, and prevailing legal doctrines in both jurisdictions. The findings indicate that in Switzerland, informed consent plays a central legal role within a framework that conditionally permits assisted suicide. In contrast, Indonesia maintains a prohibitive stance on euthanasia, where informed consent lacks legal recognition as a justification for such actions. This contrast illustrates the tension between a liberal-individualistic legal orientation in Switzerland and a more conservative-legalistic approach in Indonesia. This study recommends that Indonesia strengthen its legal framework on patients’ rights and clarify the legal scope of informed consent in sensitive medical contexts. The results aim to contribute to the discourse on health law and human rights, while supporting more humane and justice-oriented legal reforms.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Indira Swasti Gama Bhakti AU - Albertus Sentot Sudarwanto AU - Isharyanto Isharyanto PY - 2025 DA - 2025/12/29 TI - The Legal Significance of Informed Consent in Euthanasia: A Comparative Jurisdictional Analysis of Indonesia and Switzerland BT - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025) PB - Atlantis Press SP - 645 EP - 657 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-519-5_51 DO - 10.2991/978-2-38476-519-5_51 ID - Bhakti2025 ER -