Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Transactions of Human Organs According to Islamic Law, Positive Law and Health Law

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303623,
        author={Halimatus Khalidawati Salmah and Tongat  Tongat and Mohammad  Isrok},
        title={Transactions of Human Organs According to Islamic Law, Positive Law and Health Law},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={organ transactions rules and reality},
        doi={10.4108/eai.1-7-2020.2303623}
    }
    
  • Halimatus Khalidawati Salmah
    Tongat Tongat
    Mohammad Isrok
    Year: 2021
    Transactions of Human Organs According to Islamic Law, Positive Law and Health Law
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303623
Halimatus Khalidawati Salmah1,*, Tongat Tongat2, Mohammad Isrok1
  • 1: Master of Law Study Program, University of Muhammadiyah Malang, Indonesia
  • 2: Master of Law study program, University of Muhammadiyah Malang, Indonesia
*Contact email: halimatuskhsalmah@gmail.com

Abstract

Organ transplantation as an alternative in medicine has contributed to the increasing number of human organ transaction cases. This situation is a picture of a mismatch between law and reality in society. Therefore, the authors conducted research on this matter by observing Islamic law, positive law and health law. The method used is empirical legal research methods. The formulation of the problem namely; 1) What are the transactions of human organs in Islamic law, positive law, and health law? 2) What is the reality of the Indonesian people? With the results of the study; 1) All regulations in Indonesia forbid the existence of human organ transactions, whoever does it will be punished. 2) The high need for human organ transplants in health and the lack of donors, is one of the causes of high organ transactions. Meanwhile, other causes are economic pressure, lack of health facilities and special supervision provided to those who need donors. The conclusion of the research (suggestion and criticism) of the author is that in Indonesia in particular there must be institutions and special supervision for people who need and or want to donate their organs, socialization about health and the dangers of organ transactions, also real efforts to clarify the existing rules and economic improvement the community is very important to be considered and improved