CD Skripsi
Pertanggung jawaban Pidana Terhadap Tindak Pidana Perdagangan Organ Tubuh Manusia Untuk Kepentingan Transplantasi Organ Dalamhukum Pidana Indonesia
Trafficking in human organs is one of the fastest growing crimes in Indonesia. This crime is for the purpose of attempting to transplant human organs. Transplantation is a multitude of efforts in which a donor gives a part of his body or organs to help patients who experience failure of certain organ functions. In Indonesia the criminal act of trafficking in human organs by the Criminal Code in Article 204, Article 205, and Article 206. Whereas the criminal act of trafficking in human organs is an extraordinary crime which should be regulated more specifically in legislation such as laws on trafficking in organs human. Based on this understanding, the author of this thesis formulates two formulations of the problem, namely: First, How is the regulation of criminal acts of trafficking in human organs according to Indonesian criminal law? Second, What is the criminal responsibility for criminal acts of trafficking in human organs in Indonesian criminal law? The research method in this study, First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, the data collection technique used is literature review. After the data collected is then analyzed qualitatively, and draw conclusions with deductive thinking method that is analyzing the problem from a general form to a special form. From the results of the problem research there are two main things that can be concluded, first, the regulation of criminal acts of trafficking in human organs based on Indonesian Criminal Law refers to criminal penalties. Law No. 36 of 2009 concerning Health regulates the prohibition on the sale of human organs for any reason. Law No. 23 of 2002 concerning Child Protection specifically addresses the prohibition on exploitation. Law Number 39 of 1999 regulates Human Rights. Law Number 21 of 2007 concerning Eradication of Crime in Trafficking in Persons, Government Regulations Number 18 of 1981 concerning Surgical Procedure of Clinical Bodies and Surgery of Anatomical Bodies and Tool Transplants or Tissues of Human Bodies. Regulations concerning criminal acts of trafficking in human organs based on positive law in Indonesia. Provision of sanctions against perpetrators of criminal offenses must be given special sanctions that can make deterrent such as imprisonment sanctions or fines. Based on this, Indonesia should make further rules regarding the criminal acts of trafficking in human organs into a form of legislation such as the law on trafficking in human organs and weighting penalties by giving appropriate sanctions to these crimes. Keywords: Transplantation, Crime, Trafficking in Human Organs
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