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All Journal Jurnal Hukum dan Peradilan JILS (Journal of Indonesian Legal Studies)
Maddussila, Samsu Alam
Unknown Affiliation
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Manipulation of Legal Regulations in Commodification of Organ Transplants: Indonesia Perspective Bakhtiar, Handar Subhandi; Maddussila, Samsu Alam
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19157

Abstract

Organ transplantation serves as a critical solution for patients in need of organ donors. However, the pressing demand for organs, coupled with donors' economic hardships, has raised concerns about organ transplants being conducted for commercial purposes. This study aims to analyze the legal framework governing organ transplantation and explore the practices observed within society. Using secondary data comprising legislation, scholarly articles, scientific research, and online news reports, this study identifies significant inconsistencies and potential ambiguities within the regulatory framework. Current legal provisions stipulate that organ transplants must be conducted solely for humanitarian purposes and explicitly prohibit commercialization. Yet, government regulations create a loophole by allowing donors to receive awards, which could be exploited for commercial gains. To prevent the commercialization of organ transplants, it is essential to ensure that the relationship between donors and recipients is based on familial or kinship ties. Such relationships foster the principles of voluntariness and altruism, which are central to ethically sound transplantation practices. Strengthening the legal framework to eliminate ambiguities and promoting public awareness about ethical transplantation practices are imperative steps to uphold the integrity of organ donation and transplantation. This study underscores the importance of aligning regulatory frameworks with ethical principles to address the challenges posed by commercialization while ensuring equitable access to life-saving organ transplants.
CRIMINAL CODE BILL ARTICLE 414 AND SEX EDUCATION IN INDONESIA Maddussila, Samsu Alam
Jurnal Hukum dan Peradilan Vol 8 No 3 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.3.2019.407-419

Abstract

Sex education in Indonesia still taboos to talk in an educational context; however, sexual abuse, free sex, and abortion are increasing more and more. This situation more likely will get in an emergency when criminal code bill article 414 about showing contraception tools to children is applied because it is considered cut off sexual education teaching and against HIV/AIDS and family planning campaign.  This article focuses on analyzing criminal code bill article 414 toward sex education in Indonesia and discussing possible solutions for including sex education in the school curriculum. Several critics addressed in criminal code article 414, and several solutions were given in this article for including sex education in the Indonesian curriculum. There is some limitation occurred toward this article, especially, the literature which addressed this issue is limited. In addition, it seems the experts are not discussing about this issue regularly.
Solutions To Differences In Sentences For Parallel Integration Of Restorative Justice In Indonesian Courts Bakhtiar, Handar Subhandi; Amriyanto, Amriyanto; Maddussila, Samsu Alam
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.409-440

Abstract

This study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community’s cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted.
Co-Authors Amriyanto Handar Subhandi Bakhtiar