Legalization of Giving Award to Organ Donors in Indonesia (In Perspective of Law No. 36 Year 2009 Jo Minister of Health Act No. 38 Year 2016)

Abstract

Indonesia as a country included in the scope of the United Nations (UN) in making and drafting legislation can adopt international policies. Buying and selling human organs illegally is a threat of crime for humanity or "Crimes against Humanity". The UN then formulated the practice of trafficking in human organs carried out by means and purposes illegally constituting transnational crime. Based on the formulation of the Thereto Protocol, it is explained that theft, coercion and exploitation in the practice of human trafficking, including human organs are prohibited and must be eradicated. The Thereto Protocol does not prohibit the giving of compensation to donors by the recipient and does not specifically regulate the sale and purchase of organs which specifically prevents coercion and exploitation of humans in all its forms, including exploitation or forcible removal or removal of organs, and this is what is said illegal and deserves punishment. Providing compensation/awards to donors in Indonesia should not be prohibited and can be legalized to obtain the right to welfare and health for the loss of organs donated without coercion. The right to obtain welfare is regulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia NRI of the Republic of Indonesia (hereinafter abbreviated to the 1945 Constitution Republic of Indonesia) as follows. Every person has the right to live in physical and spiritual prosperity, to live, and to have a good and healthy environment and to have health services. The awarding of donors to donors as stipulated in Law No. 36 of 2009 in conjunction with Minister of Health Regulation No. 38 of 2016 requires protection, supervision and guarantees of legal certainty from the Indonesian government in the form of a central and or regional transplant commission so that donors are not criminalized as organ sellers as a prohibition on organ trading as stipulated in Article 64 of Regulation No. 36 of 2009.