TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI TINJAU DARI PASAL 62 AYAT (2) UNDANG-UNDANG NO. 36 TAHUN 2009

Abstract

Donor has the meaning of giving something voluntarily. When it is related to transplantation, donor has the meaning of someone who submits, gives, and/or donates healthy organs to be transplanted to other people through a health effort. Organ donation is the process of taking organs or body tissue from healthy people to be given to people who need new organs. However, there are some organs that can only be donated. Donors can be of benefit to the recipient of the donor (recipient) for their survival. Based on Article 1 paragraph (5) PP Number 53 of 2021 concerning Transplantation of Organs and Body Tissues that "Recipients are people who receive Donor Organs and/or Tissues for the purpose of healing disease and restoring recipient health. The organization of organ transplantation in Indonesia is based on humanity. This is expressly and jointly stated in the laws and regulations related to organ transplants, namely Article 62 paragraph (2) of Law No. 36 of 2009. Based on this article it can be said that transplantation is a form of healing or health restoration which is carried out only for voluntary humanitarian purposes and not for commercialization or trading. As in the general explanation of Government Regulation Number 53 of 2021 concerning Organ and Body Tissue Transplants, that is Voluntary, meaning that between the Donor and the Recipient there is no sale and purchase agreement, other agreements, and or requests for compensation in any form.

Keywords: Law, Organ, Health