KEBIJAKAN TERHADAP PENGATURAN TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI INDONESIA

Abstract

Trading human organs is a criminal offense regulated in Law Number 36 of 2009
concerning Health. However, in this law there is no article that formulates aspects of organ
trafficking and there is no confirmation that organ trafficking itself can be punished. And there
is no difference in sanctions between people who sell their own organs and people who sell
other people's organs. The aim of writing this thesis is, firstly, to find out the regulation of
criminal sanctions for the criminal act of trafficking in human organs in Indonesia. Second, to
find out the policy for regulating the criminal act of trafficking in human organs in criminal
law in Indonesia
This research is classified as normative legal research or can also be called doctrinal
legal research. Thus, this research uses secondary data sources consisting of primary,
secondary and tertiary legal materials. In this research, the data analysis carried out is
qualitative analysis and draws conclusions deductively.
From the results of the research and discussion it can be concluded that, first, in the
regulation of the criminal act of trafficking in human organs contained in
Law Number 36 of 2009 Article 64 paragraph (3), it has not explicitly mentioned the
aspects of trafficking in human organs and there are no differences in sanctions in Article 192
of the law. Second, there needs to be policy efforts or reform of criminal law, namely
emphasizing aspects of human organ trafficking considering that there are many ways to carry
out this criminal act. As well as differentiating sanctions between people who sell their own
organs and people who sell other people's organs as stated in the regulations of other countries
such as Singapore and South Korea.

Keywords: Policy-Regulation-Trafficking of Human Organs