Legal Analysis of Organ Donation from the Study of Health Law, Health Law, and Religion

Abstract

In both Eastern and Western medicine, it is generally believed that every disease has a cure. There are diseases that can be treated with simple medication, but there are also those that require relatively complicated treatment, such as organ transplantation. A person suffering from terminal kidney failure, for example, only has 3 treatment alternatives: undergoing regular hemodialysis, undergoing a kidney transplant or dying. For these patients, kidney transplantation is a better treatment option than undergoing continuous hemodialysis.
Currently, the number of kidney failure patients requiring kidney transplantation in Indonesia has reached 40,000 people. Those who undergo medical treatment are very few because of the expensive and long-term treatment costs. In Indonesia, the first kidney transplant was performed at RSCM in 1977. Until now, only 500 patients have undergone kidney transplantation in Indonesia, of which 200 were performed at RS PGI Cikini. This study aims to analyze the legal framework governing organ donation in Indonesia, especially in the health law; to examine the implementation of health laws related to organ donation and the challenges faced; to provide recommendations for strengthening the regulation and practice of organ donation in indonesia. This study was conducted using a normative legal approach method. This study concluded that transplantation is a series of medical actions to move organs and/or human body tissues originating from another person's body or one's own body in the context of treatment to replace tissues and/or organs that are not functioning properly or are damaged; Transplantation can be classified into several factors, such as from the perspective of the recipient or organ recipient and the organ donor itself. When viewed from the recipient of the organ, it includes autotransplantation, homotransplantation , heterotransplantation , autograft , allograft , isograft , xenograft and xenotransplantation , split transplantation and domino transplantation . While from the perspective of the donor, it includes transplantation with living donors and dead donors (corpses). There are many factors that cause someone to undergo an organ transplant. Among others, for healing from a disease (eg blindness, heart and kidney damage), Restoring the function of an organ, tissue or cell that has been damaged or abnormal, but there is no biological pain at all; Organ transplantation is allowed in Islam and is even categorized as worship if done sincerely on condition that it does not result in death and infertility for the donor . For example, donating the heart, spleen , lungs, and testicles. This will result in death
and infertility for the donor . Whereas humans are not allowed to kill themselves, or allow others to kill themselves, even with their willingness. And a deceased person's organs may be used for treatment on the condition that before dying the person permits it. The authors suggest: improving education and socialization programs regarding organ donation for the wider community. This can be done through seminars, workshops, and information campaigns that explain the importance of organ donation, applicable legal procedures, and related ethical and religious aspects; Encouraging policy makers to develop clear and comprehensive regulations regarding organ donation. This includes affirming legal procedures, protection for donors and recipients, and strict monitoring mechanisms to prevent abuse; Conducting interdisciplinary studies involving legal experts, medical practitioners, and theologians to produce guidelines that integrate legal, health, and religious aspects. This will help in creating ethical organ donation practices that are in accordance with community values; Strengthening medical infrastructure that supports the implementation of organ donation, including adequate health facilities and training for medical personnel. This is important to ensure that the organ donation process is carried out safely and according to standards.