<![CDATA[S Surrogacy, a reproductive technology where a woman carries a pregnancy for another party, presents a complex legal and ethical dilemma in Indonesia. This article analyzes the legal vacuum (rechtsvacuum) surrounding this practice from the dual perspectives of Indonesian positive law and Islamic law. This research employs a normative juridical methodology, utilizing statute, case, and comparative approaches to dissect the existing legal framework. The analysis reveals that Indonesian positive law, particularly Law No. 36 of 2009 on Health (now superseded by Law No. 17 of 2023) and the Civil Code (KUHPerdata), implicitly prohibits surrogacy by restricting assisted reproduction to married couples using their own gametes and the wife's womb, and by rendering surrogacy contracts legally void for violating the principles of a "lawful cause" and "public morality." Consequently, children born from surrogacy face profound legal uncertainty regarding their status, inheritance, and parentage. From the Islamic law perspective, the Indonesian Ulema Council (MUI) has issued a definitive fatwa declaring surrogacy haram (forbidden), primarily based on the principle of Hifdz an-Nasl (protection of lineage) and the jurisprudential method of Sadd al-Dzari’ah (blocking the means to evil) to prevent the confusion of lineage and the commodification of the human body. The existing legal void creates significant risks, including the exploitation of women and legal disputes over the child's welfare. This article concludes that maintaining the status quo is untenable and recommends the urgent formulation of a specific, comprehensive law on assisted reproductive technology that explicitly regulates or prohibits surrogacy to provide legal certainty, protect the rights of all parties involved, and align with Indonesia's socio-legal values Keywords : Child's Legal Status, Islamic Law, Legal Vacuum Surrogacy, Positive Law]]>
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