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PERDAGANGAN ORGAN TUBUH MANUSIA DALAM PERSPEKTIF HUKUM PIDANA Muhammad Nur Hamzani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTACTAs technology develops and advances in time, the world of health is also starting to experience a lot of progress, especially for several diseases that have been found new methods in treatment. For example by discovering new treatment methods by transplanting organs (transplants) for several organs such as kidneys, liver, lungs, and bones. But in practice the method of treatment by transplanting human organs can’t be done easily, bearing in mind that there are still very few organs needed compared to the needs of human organs. Thus causing high prices of a human organ that should not be commercialized, and many people are using this opportunity to meet economic needs by trading human organsThe research method used is normative legal research. Normative legal research is research that studies how the legal norms are. The data collection method uses the library research method. This study uses secondary data obtained from various literature and regulations relating to the problems in this thesis.The results of research or conclusions in this study indicate that the crime of trafficking in human organs has been regulated in several laws but in reality up to now there is only one case of trafficking in human organs that can be disclosed by the authorities. This is because there is still a lack of supervision by the government and the existing legislation still cannot reach the cause of the organ trade itself, so it is necessary to have laws and regulations specifically regulating organ trafficking and transplantation. Keywords: Crime, Human Trafficking, Organs
Legal Power in the Mother Surrogate Agreement in the Notary Deed Habib Adjie; Muhammad Nur Hamzani
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5468

Abstract

Implementation of uterine rental agreement or surrogate mother is an agreement between a woman who binds herself through an agreement with another party (husband and wife) to become pregnant with the result of the fertilization of the husband and wife which is implanted into her womb, and after giving birth is required to hand over the baby to the husband and wife based on agreement made. The research method used is normative legal research, namely legal research conducted by researching library materials or secondary legal materials, while the problem approach is carried out using a legal approach and a conceptual approach. The results of the study indicate that the mother surrogate does not fulfill one of the conditions of the agreement. Then the Notary Deed is declared null and void if the deed does not meet the objective elements of the deed, namely a lawful cause. In such a case, legally without any request from the parties, thus the agreement is considered to have never existed and is not binding on anyone.