TRANSFORMING LEGAL RESPONSES TO ORGAN TRAFFICKING: INDONESIAN CRIMINAL POLICY REFORM

Abstract

Organ and tissue transplantation is recognized globally as a vital therapeutic intervention for end-stage patients suffering from organ failure. In the context of Indonesia, the practice of organ and tissue transplantation has been legalized since 1977, with kidney transplants being performed within a legal framework. This study delves into the legal landscape of organ trafficking in Indonesia, examining the tension between the legal provision for transplantation and the emergence of covert trafficking activities. Despite concerted efforts by the Indonesian government to combat organ trafficking, instances of illegal organ trade persist, resulting in victimization of Indonesian citizens.

This research investigates cases of organ trafficking, shedding light on the gravity of the issue. The study highlights notable cases, including the kidnapping of a child who fell victim to organ trafficking, revealing the pressing need for more stringent measures. Moreover, syndicates involved in organ trafficking operations have garnered attention due to their illicit activities. This paper examines the legal framework surrounding organ trafficking, encompassing relevant articles in Indonesia's Health Act, Act on the Eradication of Trafficking in Persons, and Child Protection Act.

By analyzing the challenges in enforcing anti-trafficking policies, this study aims to emphasize the importance of strengthening legal mechanisms to combat organ trafficking. The rising occurrences of illegal organ trade in Indonesia and other countries underscore the urgency of addressing this issue comprehensively. Ultimately, this research underscores the necessity of bolstering efforts to curb organ trafficking, safeguarding the rights and well-being of Indonesian citizens.