URGENSI REGULASI OTOPSI MEDIS SEBAGAI BUKTI HUKUM: PERSPEKTIF HUKUM FORENSIK, ETIKA KEDOKTERAN, DAN HAK ASASI MANUSIA

Abstract

Forensic medical autopsy serves as a vital scientific tool in determining the cause of unnatural deaths and plays a key role in evidentiary procedures within the criminal justice system. However, Indonesia currently lacks a comprehensive legal framework that explicitly governs the implementation of autopsy procedures, resulting in legal ambiguity, inconsistent practices, and potential human rights violations. This study aims to examine the urgency of autopsy regulation from a multidisciplinary perspective, encompassing forensic law, medical ethics, and human rights norms. Using a normative legal and comparative approach, this research analyzes Indonesian statutory provisions, relevant ethical principles, and international human rights standards, while comparing the autopsy systems of countries such as the United Kingdom, Germany, and Japan. The findings indicate that the absence of clear regulation leads to procedural uncertainty, limited legal protection for forensic physicians, and insufficient mechanisms to uphold the right to truth and justice for victims. Ethical dilemmas also arise due to cultural and religious objections from families, which often hinder autopsy execution.This study concludes that Indonesia urgently requires a special regulation to govern forensic autopsies, establishing clear legal mandates, procedural safeguards, and human rights-based standards. Such regulation is essential to strengthen forensic evidence in criminal investigations, ensure legal certainty, and support a just and accountable legal system that aligns with fundamental human rights.