Sat, 23 Oct 2004

Jakarta court considers request for euthanasia

The Jakarta Post, Jakarta

Previously considered an unforgivable sin, the Central Jakarta District Court was currently deliberating the legality of euthanasia after an appeal by Bogor resident Hasan Kesuma, whose wife Agian Isna Naili has been in a coma for more than three months.

District court head I Made Karna said on Friday that he had established a team to discuss whether the unprecedented request was viable under the law. The decision would be reached within two weeks, he said.

"We Indonesians believe in the greatness of God. All decisions (including life and death) are up to God," said the judge, as quoted by news agency Antara.

Karna said that the team would consult with the Jakarta High Court and the Supreme Court in making the decision. It is unclear whether doctors will be involved in the discussions.

"I have never seen such a request in my time in the court," said Karna.

Unlike a few countries, euthanasia is not recognized by the Indonesian legal system. Chairman of the Indonesian Medical Association (IDI) Farid Anfansa Moeloek previously commented on Hasan's request that doctors could only euthanatize a patient if approved by a court.

Moeloek told The Jakarta Post on Friday that IDI had not been contacted to join the court's team. "We'll see what the court decision is. It may not endorse euthanasia."

The Indonesian Ulemas Council (MUI) has previously issued an edict banning euthanasia, as it could be considered murder.

Only passive euthanasia for very specific cases, where a life- support machine is attached to a patient were needed for another patient with a better chance of survival, was allowed, said head of the council Ma'ruf Amin.

In July, several days after giving birth, Agian was taken to Bogor Islamic Hospital after experiencing hypertension, where she was operated on by obstetrician Gunawan Muhammad. She has been in a coma ever since.

Hasan pleaded for euthanasia after doctors at Pertamina Hospital in South Jakarta said his 33-year-old wife had suffered permanent brain damage.

The grieving husband claimed that he could no longer pay the medical bills and that he had been neglecting his two children, 8-year-old Ditya Putra Mardhika and Raydie Attila Nurullah Kesuma, to wait by Agian's bedside, currently at the Cipto Mangunkusumo Hospital (RSCM) in Central Jakarta.

After submitting his request to the district court, Hasan went to the Ministry of Health to ask for a rebate on his medical bills. Officials at the ministry said that as Hasan was a resident of Bogor and discounts on medical bills in RSCM were supposedly only given to Jakartans, it might be difficult.

However, the ministry would look into other possibilities.