CD Skripsi
Organ Harvesting Terhadap Praktisi Falun Gong Oleh Chinese Communist Party Di Tiongkok Berdasarkan Hak Asasi Manusia Internasional
ABSTRACT
Every human being has the right to their own body. In terms of human rights,
the state does not have the right to harvest the organs of its own citizens or sell organs
from these people without their consent. This violates the human rights of these
Falun Gong prisoners themselves. For this particular reason, I will conduct a research
regarding this case from an international human rights perspective. Thus, I
am intrigued in doing research related to organ harvesting.
The type of research carried out through normative-juridical research where
this research is conducted on the basis of legal principles which started from certain
written authorities as well as priorly identifying the provisions that has been enshrined
in certain law. And how the provisions on international human rights are related
to natural law. In this study, the data source used is secondary data with primary,
secondary and tertiary legal sources based on literature study.
The results obtained through the research proves that, there are three main
points that can be concluded. First, in the eyes of international law, both ordinary
prisoners and political prisoners/prisoners of conscience must be treated like selfdetermined
humans. This is clearly stated in the Bill of Rights, even prisoners are
prohibited from being treated inhumanely. Second, torture of humans is a serious violation
of human rights. Organ harvesting without consent has been considered a
crime under international law, including organ trafficking is illegal in most countries.
In this Falun Gong case, the members' organs were removed without the consent
of the prisoners or the prisoners' families. Third, the state has an obligation to
fulfill, respect and protect the human rights of its citizens. If a country commits an act
where the act is deemed to have violated the obligation to protect the human rights of
its citizens from being violated, it explains that the state has clearly committed a
wrong act in the eyes of international law.
Keywords: Human Rights – Organ Harvesting – State Responsibility
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