Legal Certainty in The Cessation of Futile Medical Treatment for Terminally Ill Patients in Indonesian Intensive Care Units

Abstract

This research analyzes legal certainty surrounding the cessation of futile medical treatment for terminally ill patients in Intensive Care Units (ICUs) in Indonesia, focusing on the interaction between medical futility, ethical obligations, and the governing legal framework. Using a normative legal research design, the study applies statutory, conceptual, and comparative approaches to evaluate Law Number 17 of 2023 on Health, related regulations, professional ethics, and selected international frameworks on end-of-life decision-making. The study finds that Indonesian law recognizes patient autonomy and professional standards but remains procedurally under-specified regarding the withdrawal of non-beneficial treatment in ICU settings. This gap produces legal uncertainty for clinicians and institutions, encourages defensive medicine, and risks conflating lawful withdrawal of futile treatment with prohibited euthanasia. The paper proposes normative recommendations to clarify definitions, introduce procedural safeguards (multidisciplinary review, informed consent pathways, documentation, and ethics committee oversight), and strengthen legal protection for healthcare providers acting in good faith while safeguarding patient dignity.