The Yuridical Study of the Positive Law Challenges in Indonesia (Case of Phenomena Gratification on Trading Human Organ Body Crime)

Abstract

Any kind of trade in human body organs is a very criticized and prohibited under Law No. 36 of 2009 on Health. But in the case of success or failure of transplantation either by legal or illegal (human organ trade) requires the skills of a person who has expertise as a health worker considering the nature of organs when released from within the body is a sensitive item, in this case the quality these organs are donor-shaped conditions and the skills and abilities of medical personnel assisting in the transplant process. The research method used is normative juridical research, which is done by examining library materials or secondary data (library research). Where the stages of tracing and assessment of various sources with data collection, data assessment, interpretation, and conclusions are supported by field research, in order to obtain more accurate data about trading practices of human organs involving health personnel. Economic disparities and high levels of organ failure and human organ requirements result in bargaining prices of organs so high that the practice of organ trade will flourish. In organ trading activity is not an arbitrary case but there is a tendency of involvement of professionals who have knowledge and abilities in terms of transplantation of human organs.