KOMERSIALISASI TRANSPLANTASI ORGAN DALAM PRESPEKTIF HUKUM INTERNASIONAL

Abstrak

Transplanted organs are organs that are transferred and / or body tissue from one individual to another. Organ transplant procedures are included in Health Act no. 36 of 2009 which adheres to the voluntary system and excludes commercial organs, but commercial organs in society. The legal system for organ transplants is different in each country, some have legalized the sale / purchase of organs such as China, some are issued such as Indonesia, Singapore and Arab Saudi. The purpose to this study has to examine the law against the commercialization of organ transplants in Indonesia and foreign countries (China, the Philippines, Singapore and Saudi Arabia). The research method in this paper is normative juridical. The results of this study in Indonesia are organ transplantation using the voluntary system and buying / selling organs. Unlike the State of China where each of the country's organs is owned by the State, most of the supply of organs comes from inmates and legalizes the sale / purchase of organs. While in the Philippines, the people are required to register as an organ donor through a selection process and buy / sell illegal organ transactions. Singapore has a OPT-OUT donation system where donor recipients must provide medical expenses and insurance for donor recipients. Saudi Arabia as a country that adheres to Islamic law allows organ transplants to use the voluntary system or approve the law / agreement of the trustees for dead donors, but prohibits the commercialization of organs. In conclusion, commercial organs are issued exclusively in various countries.

Keywords: Organ Transplants, Organ Commercialization, International Law