Law Development Journal
Vol 8, No 2 (2026): June 2026

Legal Certainty of Kidney Donor Rewards: A Comparative Perspective Between Indonesia and Iran

Tony Richard Alexander Samosir (Faculty of Law, Universitas Padjadjaran Bandung, Indonesia)
Efa Laela Fakhriah (Faculty of Law, Universitas Padjadjaran Bandung, Indonesia)
Sherly Ayuna Putri (Faculty of Law, Universitas Padjadjaran Bandung, Indonesia)



Article Info

Publish Date
01 Jul 2026

Abstract

This study examines the legal uncertainty surrounding the regulation of donor reward for kidney transplant donors in Indonesia, particularly concerning the distinction between the prohibition of organ commercialization and the provision of donor reward. Although Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024 have recognized donor rewards, both regulations fail to clearly regulate its form, value, and implementation mechanism, thereby creating normative ambiguity and the potential for illegal practices. This research employs a normative juridical method using statutory, conceptual, and comparative law approaches, with Iran serving as the comparative jurisdiction. The findings indicate that Indonesia continues to face a regulatory gap regarding operational arrangements, whereas Iran has implemented a structured donor support system under state supervision, despite ongoing ethical concerns. As a proposed solution, this study introduces the concept of measured reimbursement as a form of non-commercial donor reward through the reimbursement of direct and verifiable expenses, such as transportation costs and loss of income. This concept is expected to provide legal certainty, ensure protection for donors—particularly vulnerable groups—and prevent organ commercialization practices while remaining grounded in the principles of bioethics and social justice.

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Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...