The Medical Journal of Hospital Management and Health Law
Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law

Legal Analysis of Organ Donation Regulations Under Indonesian Positive Law

V.Junaedi (Universitas Terbuka, Indonesia)
W.Kurniawan (Universitas Terbuka, Indonesia)



Article Info

Publish Date
01 Oct 2024

Abstract

Introduction: Organ transplantation represents a pinnacle of modern medical achievement, yet its execution is heavily contingent upon a robust legal framework that ensures ethical compliance and prevents illicit practices. In Indonesia, the demand for organ donors consistently outpaces supply, creating a critical need for a comprehensive legal analysis of current regulations. This study examines the legal landscape governing organ donation within the Indonesian positive law framework to evaluate its adequacy and protective mechanisms. Methods: This research employs a normative juridical method, analyzing primary legal sources, including statutory legislation, government regulations, and relevant health acts, alongside secondary legal materials such as academic journals and legal commentaries. Results: The findings indicate that while Indonesian law, primarily through the Health Act (Undang-Undang Kesehatan), explicitly permits altruistic organ donation and strictly prohibits commercialization, significant regulatory gaps persist. The statutory mechanisms lack detailed operational procedures regarding donor registry, consent verification, and post-mortem procurement protocols, leading to ambiguity in enforcement and clinical implementation. Discussion: The literature review reveals a profound divergence between legislative intent and practical execution, where the absence of a centralized national regulatory body exacerbates vulnerabilities to organ trafficking. Ethical concerns intersect with legal loopholes, particularly regarding the determination of brain death and the exact boundaries of familial consent. Conclusions: Indonesian positive law requires immediate legislative updates, specifically the enactment of detailed government regulations establishing an independent oversight authority and a transparent national donor registry.

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Journal Info

Abbrev

tmjhmhl

Publisher

Subject

Description

The Medical Journal of Hospital Management and Health Law is Indonesian Journal, accepts articles covering aspects of Hospital Management and Health Law from students, lecturers, and practitioners working in Hospital Management and Health Law. The Medical Journal of Hospital Management and Health ...