Legal Aspects of Living Donor Organ Transplantation

From a legal standpoint, transplantation of organs, tissues and cells of the body is seen as a noble thing in order to nourish and mensejahterahkan humans, although this is an act against the criminal law is a crime of persecution, but have an exemption of punishment, the act is no longer punishable , and can be justified. In the healing process and recovery of health and organ transplants can be done for commercial purposes is prohibited, and no right in any material compensation in return for transplant. Transplants the action can only be done by health personnel with the expertise and authority to do it and certain health disarana. The removal of organs from a donor must pay attention to the relevant donor health and heirs consent or her family.

 The rule of law in force in Indonesia, about transplantation and organ donation has got the settings through Law No. 23 of 1992 on Health, and Government Regulation No. 18 Year 1981 On The bodies of Clinical Surgery and Transplant Surgery and Anatomical Bodies and Equipment or the Network of Human Body.Since 1981 there have been regulations governing transplantation, namely through the PP No. 18 of 1981, Chapter V regulates or Network Equipment and Transplantation of Human Body, Part VI of the Decision Tool and the Human Body or Network Accident Victims, Chapter VII of the Donor, and Chapter VIII of the act which is prohibited.

Article 1 paragraph 5 of the Health Act gives the sense of medical transplantation is a series of actions to move the organ or tissue from another person's body or the body itself in order to replace the treatment and organ or tissue that is not functioning properly. Article 1, letter f PP No. 18 of 1981 explained the donor, the person who donated equipment and or tissue to another person for medical purposes.

As for the setting of living donor contained in Regulation No. 18 of 1981 Section 15.;1. Prior to approval of the tool and or transplant of tissue supplied by potential living donors, potential donors are concerned first told by his doctors, including doctors surgery consultant to the nature, consequences, and possibilities that can happen.

2. Doctors referred to in paragraph (1) must make sure that the donors in question had been fully aware of the meaning of the notice tersbeut.

 Further information about transplant is described in Section 33-34 of this Act. Article 33 paragraph (1) states that in the cure of disease and health recovery can be transplanted organ or tissue and the body, blood transfusion, and drug or implantable medical devices, as well as plastic and reconstructive surgery. Transplant ban for commercial purposes described in Article 33 paragraph (2) which states that the transplantation of organs or tissues and blood transfusion as referred to in paragraph (1) made only for humanitarian purposes and are prohibited for commercial purposes. This prohibition is also contained in Regulation No. 18 of 1981 section 16 and 17 where article 16 Donor or donor family who have died are not entitled to anything any material compensation in return for transplant, while Article 17 contains Prohibited buy and sell equipment and or human tissue

Medical personnel or doctors who will perform the transplant from the donor to the recipient's body was to be done by people who have the expertise and authority to do so and do in certain health facilities. It also must consider the health of the donors, as well as the approval of the beneficiary or his family. The provision is stated in Article 34 paragraph 1 and 2 Act - this legislation.Violation of the provisions of Article 33 paragraph (2) This is for anyone who has done with the commercial purpose of the transplanted organ or tissue or a blood transfusion and that meant in this article, affirmed in Article 80 paragraph (3), shall be punished with imprisonment maximum of 15 years and a maximum fine of Rp. 300 million, - (three hundred million rupiah).

Meanwhile, for anyone without the expertise and authority of both medical personnel and or doctors, who deliberately transplanted organ or tissue as referred to in Article 34 paragraph (1), according to the provisions of Article 81 (1) a, shall be punished with imprisonment of 7 years and a maximum fine of Rp. 140 million (one hundred forty million dollars). In Article 81 paragraph (2) a mention that whoever deliberately taking organs from a donor without medical attention or without the consent of the donor and the donor and the beneficiary or his family as referred to in Article 34 paragraph (2), shall be punished with imprisonment of 7 (seven) years and a maximum fine of Rp 140,000,000.00 (one hundred forty million dollars).

Criminal setting in PP No. 18 of 1981 contained in article 20, namely;1. Violation of the provisions of Chapter II, Part III, Chapter V, Part VI, Chapter VII and Chapter VIII, shall be punished by imprisonment for a maximum 3 (three) months or a maximum fine of Rp. 7500.00 (tijuh thousand five hundred dollars).2. Besides the penalty referred to in paragraph (1) may also take administrative action

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