



































www.ijmsssr.org


 Global Journal of Education and Allied  

Research (GJEAR) 
Volume.13, Number 5; May-2022; 

ISSN: 2837-3707 | Impact Factor: 6.79 

https://zapjournals.com/Journals/index.php/gjear  

Published By: Zendo Academic Publishing 

 

 

pg. 8 

TRANSFORMING LEGAL RESPONSES TO ORGAN TRAFFICKING: 

INDONESIAN CRIMINAL POLICY REFORM 

 
1Dr. Ida Ayu Komang Wisnuwardhana, 2Prof. Made Gede Wisnuwardhana and 3Dr. Ni 

Luh Putu Wisnuwardhana  

 

Article Info  Abstract 

Keywords: Organ trafficking, 

tissue transplantation, legal 

framework, Indonesia, end-

stage patients. 

 Organ and tissue transplantation is recognized globally as a vital 

therapeutic intervention for end-stage patients suffering from organ 

failure. In the context of Indonesia, the practice of organ and tissue 

transplantation has been legalized since 1977, with kidney transplants 

being performed within a legal framework. This study delves into the 

legal landscape of organ trafficking in Indonesia, examining the tension 

between the legal provision for transplantation and the emergence of 

covert trafficking activities. Despite concerted efforts by the Indonesian 

government to combat organ trafficking, instances of illegal organ trade 

persist, resulting in victimization of Indonesian citizens. 

This research investigates cases of organ trafficking, shedding light on 

the gravity of the issue. The study highlights notable cases, including 

the kidnapping of a child who fell victim to organ trafficking, revealing 

the pressing need for more stringent measures. Moreover, syndicates 

involved in organ trafficking operations have garnered attention due to 

their illicit activities. This paper examines the legal framework 

surrounding organ trafficking, encompassing relevant articles in 

Indonesia's Health Act, Act on the Eradication of Trafficking in 

Persons, and Child Protection Act. 

By analyzing the challenges in enforcing anti-trafficking policies, this 

study aims to emphasize the importance of strengthening legal 

mechanisms to combat organ trafficking. The rising occurrences of 

illegal organ trade in Indonesia and other countries underscore the 

urgency of addressing this issue comprehensively. Ultimately, this 

research underscores the necessity of bolstering efforts to curb organ 

trafficking, safeguarding the rights and well-being of Indonesian 

citizens. 
 

 

                                                      
1Wisnuwardhana University, Malang, Indonesia 
2Wisnuwardhana University, Malang, Indonesia 

3 Wisnuwardhana University, Malang, Indonesia 

https://zapjournals.com/Journals/index.php/gjear


Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

pg. 9 
 

INTRODUCTION 

Indonesian citizens have the right to obtain health services, and everyone who is sick has the right to be healed. 

One way to heal people who are sick in the final stages is to transplant organs and/or body tissues, by transferring 

certain organs or body tissues from the donor to the recipient (Peraturan Pemerintah Nomor 53 Tahun 2021 

tentang Transplantasi Organ dan Jaringan Tubuh, 2021). Countries around the world believe that organ and/or 

tissue transplantation is an effective therapy for healing end-stage patients who experience organ and/or tissue 

failure. (Fauziyat, 2017). 

In the perspective of Indonesian law, transplantation of organs and/or body tissues carried out under the law is a 

legal activity, so since 1977 kidney transplants have been carried out (Marcelino et al., 2018)until 2022. The 

number of transplants in many authorized hospitals is more than 629 (Supit et al., 2019). Even though it is legal 

if the transplanted organ and/or tissue is obtained illegally (e.g., through buying and selling process or coercion 

or murder) then the transplant activity is categorized as a crime. Trafficking in organs and/or body tissues for the 

purposes of transplantation is prohibited under criminal law, as regulated in Article 64 juncto 192 of Act no. 36 

of 2009 concerning Health (hereinafter referred to as the Health Act); Article 2 of Act Number 21 of 2007 

concerning the Eradication of the Crime of Trafficking in Persons (hereinafter referred to as the Act on the 

Eradication of Trafficking in Persons; and Article 84 of Act No. 23 of 2002 concerning Child Protection 

(hereinafter referred to as the Child Protection Act).  

Even though the Indonesian government has made efforts to prevent and punish perpetrators of organ trafficking 

(as an application of criminal policy), covert trafficking activities of organs and/or body tissues are still happening 

and the numbers are increasing. There are several cases of organ trafficking in which Indonesian citizens become 

victims, for example, the kidnapping of a child who was later found in Tokyo but one of his kidneys was missing 

and his tongue was cut off (Setiawan, 2014). there are 80 cases of organ trafficking carried out by syndicates 

(Setiawan, 2014). Cases of selling children's organs also occurred in various modes in three regions, namely in 

Bogor, Tangerang, and Central Java (Okezone.com, 2016). Many perpetrators of organ trafficking have been 

convicted, including 4 people who were sentenced by the Central Jakarta District Court in 2016, with 15 cases of 

organ trafficking(Putusan Pengadilan Negeri Jakarta Pusat, 2016). The crime of trafficking in organs and/or body 

tissues is not only in Indonesia, illegal organ trafficking is suspected to have occurred in many countries including 

Turkey, India, Brazil, Pakistan, Nepal, Philippines, Iran, Kosovo, China, and several former Soviet countries in 

Indonesia. Eastern Europe (Freedomunited.org, 2020).  Indeed, it turns out that the prohibition on the 

commercialization of organs is not as strict as that in the law, so there is still room for the practice of 

commercializing, procuring, and transferring organs and/or body tissues (Lenk & Beier, 2012).  

These crimes that have not been completely eradicated can harm the health of the people, especially the health 

risks after selling their organs and/or tissues, and poor people who need organ transplants but cannot afford to 

buy organs or body tissues as a means of healing disease.  

In order for these crimes to be eradicated in Indonesia, it is necessary to reformulate criminal policies in Indonesia 

through 2 sub-policies, namely non-penal policies, and penal policies. The essence of the notion of criminal policy 

reformulation is the process of reformulating a written crime eradication framework based on the results of a 

review so that the revised strategy will be obtained so that crime eradication policies can achieve their goals 

efficiently and effectively. The criminal policy outlines the government's framework for tackling the crime of 

trafficking in organs and/or body tissues, whether carried out using a non-penal policy or using penal policy. The 

ultimate goal of criminal policy is to eliminate crime for the sake of social welfare.  



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

pg. 10 
 

Based on this line of thought, and so that the reformulation of criminal policy can be prospective, the Indonesian 

government needs to use the results of scientific research in the fields of criminology and law. Therefore, the 

results of this study will be useful, because researchers will evaluate the implementation of criminal policies, and 

finally will recommend what policies should be carried out by the government so that the eradication of organ 

trafficking can be efficient and effective. In order for the findings of this study to support the formulation of 

criminal policies, it is necessary to discuss in depth the 2 problem formulations in this research, namely (1) How 

to formulate non-penal policies in Indonesia in order to prevent the occurrence of criminal acts of trading organs 

and/or body tissues? (2) How to formulate a prospective penal policy so that it can be used as a basis for convicting 

perpetrators of criminal acts who trade organs and/or body tissues?   

THEORETICAL FRAMEWORK  

Government policies to tackle crime in society can be called criminal policies. In order to tackle every crime, a 

solid strategy from the state and society is needed. According to Hoefnagels, the criminal policy is not a 

standalone policy but is formed based on the conception of several disciplines, (Hoefnagels, 1973) which is 

carried out with two kinds of sub-policies, namely penal policy, and non-penal policy. The theory of criminal 

policy can be described in the following diagram. 

 
Based on the analysis above, it can be understood that the penal policy is the prevention of crime by using criminal 

law. The policy is operationalized by implementing criminal law, namely material law, formal law, and penance 

law in society. The operationalization of the penal policy includes criminalization, decriminalization, 

  

CRIMINAL POLIC Y   
Law Enforcement  
Policy   Social Policy   

Influencing views of society on crime  
and punishment (mass media)   

Criminal Law Application   
( Practical Criminology )   

Prevention without Punishment   

    Adm. Of crim. Justice in narrow     
    sense   
             Crime legislation   
             Crime jurisprudence   
             Crime process in wide    
             sense    
                     Juridical   
                     Physical scientific   
                     Social scientific   
             Sentencing   
       
     Forensic Psychiatry and  psychology   
       
     Forensic social  work   

     Crime, sentence execution and     
     police statistics   

  

Social Policy   

Community Planing Mental  
Health   

National Mental Health  
) ( Social welfare, children welfare   

Administrative & Civil Law   



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

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penalization, and depenalization. The enforcement of criminal law is highly dependent on the development of 

legal politics, criminal politics, and social politics. Therefore, law enforcement does not only pay attention to 

autonomous law but also pays attention to social problems and the science of social behavior.(Hoefnagels, 1973)    

While the non-penal policy is carried out by influencing the public's view of crime and punishment through mass 

media and prevention without using a criminal. This policy has a very broad scope. Based on the Hoefnagels 

scheme above, it can be seen that several forms of non-penal policies are (1) social policy, (2) community mental 

health planning and development, (3) national mental health improvement, may include efforts to create social 

welfare and children's welfare, and (4) application of administrative law and civil law. The main objective of 

efforts within the scope of the non-penal policy is to improve certain social conditions, which directly or indirectly 

have an influence on crime prevention.  

The human body and its parts in a broad sense are considered non-commercial objects (Lenk & Beier, 2012). 

Trafficking in persons is a modern form of slavery. Trafficking in persons occurs both nationally and 

internationally and is a violation of human rights that needs to be addressed by all countries (UN.GIFT - United 

Nations Global Initiative to Fight Human Trafficking, 2015)The United Nations Global Initiative to Fight Human 

Trafficking (UN GIFT) stipulates that organ trafficking is a crime that occurs in 3 categories of modes. 

(a)traffickers coerce or trick victims into giving away their organs. (b) When the victim formally or informally 

agrees to sell the organ, then is conned or not paid for the organ sold, or is paid less than the agreed price. (c) The 

potential victim is treated like a sick person, even though he is not sick. After that, the organs were removed 

without the victim's knowledge. Victimologically, people who are vulnerable to selling organs include migrant 

workers, the homeless, or the illiterate.  

With regard to trafficking in organs and/or body tissues, Indonesian criminal law (namely the Health Act, Child 

Protection Act, and the Criminal Act of Trafficking in Persons) has prohibited the commercialization of organs 

and/or body tissues, for any reason. Article 92 of the Health Act uses the prohibition term "trading in organs or 

body tissues," and the Trafficking in Persons Act uses the prohibition term "exploitation of people". Meanwhile, 

the Child Protection Act explicitly mentions the prohibition term "selling and buying body organs and/or body 

tissues." The terms 'organ trafficking', 'illegal organ trafficking', 'organ buying', 'transplant tourism' and others are 

often used interchangeably to refer to trafficking in persons for the purpose of harvesting organs (UN.GIFT - 

United Nations Global Initiative to Fight Human Trafficking, 2015). The term commercialization of human 

organs or tissues refers to the provisions of Article 64 (3) of the Health Act which strictly prohibits organs or 

body tissues from being traded under any pretext. Thus, the notion of trading organs and/or body tissues is the 

same as the term commercialization of organs and/or body tissues. The prohibition on trading applies to all trading 

activities, whether for transplant purposes or for other purposes.  

The regulation on the prohibition of organ trafficking in Indonesia is as follows. Article 64 juncto 192 of Act no. 

36 of 2009 concerning Health, Article 192 which stipulates, that anyone who intentionally trades organs or body 

tissues under any pretext as referred to in Article 64 paragraph (3) shall be punished with imprisonment for a 

maximum of 10 (ten) years and a fine of a maximum of IDR 1.000.000.000,00 (one billion rupiahs). Even 

according to the Health Act, the perpetrators of criminal acts in the trade of organs and/or body tissues, are not 

only individuals (humans) but also corporations, including hospitals (Mahasena, 2018)  

Article 2 of Act Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, that any 

person who recruits, transports, harbors, sends, transfers, or receives a person by means of threats of violence, 

use of force, kidnapping, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage 



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

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or giving payments or benefits despite obtaining the consent of a person who has control over another person, for 

the purpose of exploiting that person in the territory of the Republic of Indonesia, shall be punished with 

imprisonment for a minimum of 3 (three) years and a maximum of 15 (five) years. twelve) years and a minimum 

fine of Rp. 120,000,000.00 (one hundred and twenty million rupiahs) and a maximum of Rp. 600,000,000.00 (six 

hundred million rupiah).  

Act No. 23 of 2002 concerning Child Protection, 84 regulates the prohibition of the law against child organ 

transplants for their own benefit. Article 85 paragraph (1) regulates the prohibition of buying and selling children's 

organs, that anyone who trades organs and/or body tissues of children shall be punished with imprisonment for a 

maximum of 15 (fifteen) years and/or a fine of a maximum of Rp. 300,000. .000,00 (three hundred million 

rupiahs). 

METHOD  

This article was written based on the results of criminology and law research. This study focuses on the application 

of law and the contents of positive law from the internal side in the form of criminal law which regulates the 

prohibition of trading organs and/or body tissues, and its implementation in court. The legal materials used are 

(a) primary materials, namely in the form of Indonesian laws and regulations, international law, and court 

decisions, and (b) secondary materials in the form of annual reports of government agencies and the ministry of 

health as well as scientific articles, and (c) news tertiary materials. and reviews in the mass media. All legal 

sources were searched using desk research techniques. The contents of the three types of legal materials were 

analyzed using technical content analysis and legal comparisons. The results of the legal analysis and its 

implementation are analyzed on an ongoing basis through internal and external analysis in order to obtain 

systematic findings on criminal policies against the sale and purchase of organs and/or body tissues. The 

framework that researchers will find is in the form of evaluation results and prescriptions.(Soerjono, Soekanto. 

Sri, 1995)  

RESULTS AND DISCUSSION 

(a) Overview of the phenomenon of organ trafficking in Indonesia 

Based on studies of legal materials in the mass media, court decisions, and official announcements from ministries 

or law enforcement, it is known that in Indonesia there have been cases of trafficking in disguised organs from 

1993 to 2019. In 1993 there was an Indonesian Migrant Worker abroad who became a victim of an organ theft 

case, namely Ati Wardiyati. His body was sent to Indonesia, whose organs were not complete (Putri, 2019). 

Between 2003 and 2004, there were at least 80 cases of child trafficking with the mode of adoption involving a 

domestic syndicate. (Sitanggang, 2019). From 2010 to 2011, in the Bangka Belitung area, there were 24 cases of 

organ sales. (Sitanggang, 2019)In 2012, in Malaysia, there were three shooting cases of Indonesian workers, and 

it turned out that there were missing organs. (BBC.com, 2017a). In 2013, there were discoveries of human organs, 

namely the lungs and hearts of humans in Minas District, Siak Regency, Riau which were suspected to be related 

to a syndicate of trafficking in human organs (Republika.co.id, 2013). In 2014, the Directorate for the Protection 

of 

Indonesian Citizens handled the case of Sri Rabitah, who allegedly had her kidney removed while working in  

Qatar (Republika.co.id, 

2013).  

From 2014 to 2015 there were 15 people who had become victims of 

trafficking/kidney organ transplantation in West Java. In 2016, there were cases of selling children's 

organs in 



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

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various modes in three areas, namely in Bogor, Tangerang, and Central Java. A 10-year-old boy was returned to 

his family near the borders of Jayanti (Tangerang) and Cikande (Serang), Banten with a condition without a 

kidney and heart. (Kementerian  Pemberdayaan Perempuan dan Perlindungan Anak Republik Indonesia, 2016). 

In 2016 the body of Dolfina Abuk (Indonesian Workers Abroad from North Central Timor Regency) was returned 

full of stitches. (BBC.com, 2017a). In 2019, the Central Jakarta Court convicted 4 kidney trading brokers. The 

description of phenomena and cases as described above is an indicator that trafficking in organs and/or body 

tissues has occurred in Indonesia and cannot be eliminated optimally, either by using non-penal policies or by 

means of penal policies. 

(b) Non-Penal Policy Reformulation on Trafficking in Organs and/or Body Tissues  

Referring to Hoefnagel’s theory, the non-penal policies that have been carried out by the Indonesian government 

to tackle trafficking in organs and/or body tissues are as follows.  

The process of influencing the public's view of crime and punishment through the mass media has been carried 

out. This policy is carried out by the government together with community organizations, religious organizations, 

and stakeholders by providing legal counseling. Conventional and electronic mass media, including government 

agency websites and social media, have been utilized. However, its implementation has not been well coordinated 

in a complete work program, and there has been no measurable evaluation of the success rate of socialization and 

efforts to influence the public's view of organ trafficking. 

Prevention of crime without the use of punishment in the form of planning and developing community mental 

health, improving mental health nationally, including efforts to create social welfare and children's welfare has 

been carried out. This step is necessary because the intervention is very important for the Indonesian government 

to educate the public to increase transplant knowledge and motivation.  

The application of administrative law and civil law has been carried out. In 2021, the President of the Republic 

of Indonesia will create Government Regulation Number 53 of 2021 concerning the Transplantation of Body 

Organs and Tissues. The contents of the regulation are very good in regulating the requirements, procedures, and 

handling of organ and/or tissue transplantation, compared to the contents of the previously applicable health 

ministerial regulation, namely the Regulation of the Minister of Health of the Republic of Indonesia Number 38 

of 2016 concerning Organ Transplantation. This new Government Regulation has indeed been mandated in 

Article 65 paragraph (3) of the Health Act.  

Indonesia has also established a National Transplant Committee as the sole institution in Indonesia that oversees 

and is responsible for organ donation, transplant allocation, and practice to ensure standardization, traceability, 

transparency, quality, safety, justice, and public trust. The formation of the committee is based on the Decree of 

the Minister of Health. Number HK.01.07/MENKES/139/2021 concerning the National Transplant Committee. 

However, there is no national evaluation of the results of implementing Government Regulations and the 

performance of the National Transplant Committee.  

(c) Penal Policy Reformulation on Trafficking in Organs and/or Body Tissues  

The penal policy is applied by using substantive criminal law, procedural criminal law, and penitent law. Before 

the Health Act, the Act on the Eradication of Criminal Acts of Trafficking in Persons, and the Child Protection 

Act, the crime of buying and selling organs was regulated by the Criminal Code to adjudicate cases of buying and 

selling organs and/or body tissues. Penal policies through the application of criminal law by law enforcement 

officers have been implemented in Indonesia as follows. 



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

pg. 14 
 

In 2016, the Central Jakarta District Court sentenced perpetrators to participate in the trafficking of human organs 

under the Criminal Act of Trafficking in Persons. The perpetrator, namely Dedi Supriadi Bin Oman Rahman, was 

sentenced to 5 years and 6 months, and a fine of 200 million. Yana Priatna Alias Amang was sentenced to 5 years 

and 6 months, and a fine of 200 million. The donors who received the money were Pery Jayanto, Dasep, Ipan 

Sopian, Edi Midun, and Jajang Jumara (Putusan Pengadilan Negeri Jakarta Pusat, 2016) and all of them were not 

convicted because they were considered victims of criminal acts. The number of victims of kidney buying and 

selling who requested legal protection from LPSK is around 30 people. Provisions in the criminal act of trafficking 

in persons cannot be used as a means to criminalize organ donors who are indicated to sell organs, namely 

receiving around 90 million per person from recipients of organs that have been transplanted. 

In 2017 the Kupang Court convicted 15 defendants for being legally and convincingly proven to have “illegally 

dispatched Indonesian Migrant Workers (TKI) on behalf of Yufrinda Selan, who is in fact a victim of organ 

trafficking in Malaysia. (BBC.com, 2017b) The legal provisions in the Criminal Act of Trafficking in Persons 

can be used as a means to punish all perpetrators because if there are indications of organ sales, the recipient of 

the money is positioned as the victim, not the perpetrator.   

Finally, in 2019, the Central Jakarta Court convicted 3 perpetrators of buying and selling kidneys with 11 victims 

based on Article 192 of the Health Act, on behalf of Agung Setiawan Alias Agung Bin Agus Samsudin, Deni 

Fajar Muharam alias Defa, and Ahmad Junaedi alias Ahmad, legally proven and convincingly participate in the 

trading of organs or body tissues as regulated and subject to criminal sanctions Article 192 in conjunction with 

Article 64 paragraph (3) of Act Number 36 of 2009 concerning Health relating to (juncto) Article 55 paragraph 

(1) number 1 of the Criminal Code with a criminal offense the same, namely each with a prison sentence of 2 

years and 6 months, and a fine of Rp. 250,000,000 (two hundred and fifty million Rupiah) each, if the fine is not 

paid, it will be replaced with imprisonment for 1 (one) month. 

The provisions in this Health Act are also not used by judges as a basis for criminalizing organ donors (who 

receive around 80-90 million rupiah per person) from organ recipients (who give money between 200-300 million 

rupiah per person) because criminal law enforcers consider that the recipient of the proceeds from the sale (donor) 

is a victim of a crime, and the recipient of the donor is a patient who is sick and wants to recover. The parties who 

receive money and give money which they then hand over to each other and receive a kidney through a transplant 

are: (a) the name of the donor Ade (Banten) the name of the donor recipient Chen (Bangka Belitung), (b) the 

name of the donor Ikhsan (East Java) the name of the recipient donor Wisnstien (Jakarta), (c) name of donor Ferry 

(East Java) name of donor recipient Martin (Jakarta), (d) name of donor Munir (East Java) name of donor Anto 

(west Java), (e) name of donor Sawavo ( West Java) the name of the donor recipient Gugun (West Java), (f) the 

name of the donor Dedi (Jakarta) the name of the donor recipient Kristo (Bangka Belitung), (g) the name of the 

donor Panji (West Java) the name of the donor recipient Rooby (West Java), (g) name of donor Ahmad 

(Yogyakarta) name of donor recipient Hersa (West Java, and (i) name of donor Edy (West Java) name of donor 

recipient Sugih (central Sulawesi)  

Based on the court's decision as a manifestation of the implementation of the penal policy in Indonesia, it can be 

understood that the law violators who are convicted are brokers of buying and selling organs, and no one is 

indicated to sell organs and people who buy organs are sentenced to crime in Indonesia. Whereas the evidence, 

based on the court's decision, the recipient of the organ has paid the broker or donor in order to obtain the organ 

(kidney) for the needs of the transplant. Kidney donors are also proven to have received money from donor 

recipients or brokers in exchange for the delivery of their organs. Indeed, the police stated that the recipient of 



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

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the kidney would not be a suspect because as a sick person, they always try to recover (Beritasatu.com, 2016), 

and the recipient of the money is a victim of a crime.  

Based on these facts, it turns out that there are weaknesses in the content of the law that prohibits organ trading 

and there are weaknesses in the law enforcement process. Criminological, to tackle these crimes, it is still 

necessary to improve the legal provisions and the enforcement process. According to the Health Law, the 

perpetrators of the crime of organ trafficking are not only individuals but also corporations, and it turns out that 

so far no corporation has been convicted (Mahasena, 2018).  

In general, the provisions of the criminal law governing organ trafficking are adequate, namely the Health Act, 

Child Protection Act, and the Act on the Eradication of Trafficking in Persons. However, if examined in terms of 

substance, the more laws that regulate the prohibition of organ trafficking (i.e. 3 la Acts), the greater the risk of 

disparity in sentencing by courts and disparity in interpretation by law enforcement officials. If compared, based 

on the severity of the criminal threat, the threat of imprisonment and fines for perpetrators of trafficking in organs 

and/or body tissues as regulated in the Criminal Act of Trafficking in Persons is lighter than the criminal threats 

in the Health Act and Child Protection Act. Based on the norm target, there will be more people who can be 

convicted under the Health Act, not only sellers, buyers, people who help, people who advocate, and people who 

participate, but also health service facilities involved, because of the Health Act every corporation is also a 

criminally liable party. 

In order for the penal policy to be effective, the criminal provisions governing the prohibition of trafficking in 

persons and the threat of punishment are more severe, and it is necessary to change the contents of Article 92 of 

the Health Act. This article needs to be discussed because the criminal provisions for perpetrators of trafficking 

in organs and/or body tissues are more complete than the Act on Child Protection and the Act on the Eradication 

of Trafficking in Persons. The reformulation of the contents of the rules is as follows.  

(1) It is necessary to add 1 paragraph in Article 92 of the Health Act so that the contents of Article 192 are as 

follows. (1) Any person who deliberately trades organs or body tissues with any pretext as referred to in Article 

64 paragraph (3) shall be sentenced to a maximum imprisonment of 10 (ten) years and a maximum fine of Rp. 

1,000,000,000.00 (one billion). Rupiah). (2) In the event that the crime as regulated in paragraph (1) is committed 

against a child, the criminal penalty shall be increased by 1 (one) time. 

(2) It is necessary to add an explanation in Article 92 paragraph (1) of the Health Act so that the contents of 

the explanation are as follows. Editor's explanation of Article 192 (1) of the Health Act, "donors and recipients 

of organ and/or human tissue donors who are proven to have received or given money or other materials in 

exchange for transplants are included in the category of criminals regulated in this article."  

Penal policy reformulation by amending the provisions of Article 192 of the Health Act can be used by criminal 

law enforcement as a means of punishing donors and recipients of organ and/or body tissue donors who have 

actually received and given money to each other. Then, law enforcers in their respective environments (i.e., the 

police, prosecutors, and courts) make internal regulations that can encourage the use of Article 192 of the Health 

Act to prosecute perpetrators who trade organs and/or body tissues for both transplantation and other purposes. 

This opinion is in line with the finding that there are many laws in a country that have not been able to deal with 

organ trafficking, (Madsen, 2013) so it needs to be critically evaluated. (Ambagtsheer et al., 2013)The increase 

in the severity of criminal threats as referred to in Article 192 paragraph (2) needs to be done because in criminal 

law it is necessary to define in detail the elements of behavior and perpetrators along with criminal threats that 

the state can use as a basis for judging. The criminal provisions resulting from these changes can support the 



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

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welfare of members of the community because the health Act has an important role in the context of human health 

care, especially in efforts to prevent and force people to comply with health standards, (Yeung & Horder, 2014) 

and determine the limits of applicable legal jurisdiction (Mchale, 2013). 

The criminal policy reformulation is in accordance with the mandate of the Istanbul Declaration on Organ Trade 

and Transplant Tourism in 2008 that each country or jurisdiction must develop and implement laws and 

regulations to regulate organ recovery from deceased and living donors and transplant practices, in accordance 

with international standards.  

If the Indonesian government carries out criminal policy reformulation measures, then Indonesia has implemented 

WMA Resolution 44.25, that the World Health Assembly asks countries to prevent the buying and selling of 

human organs for transplantation. The regulation on the prohibition of organ trafficking in criminal law is in 

accordance with the provisions of the United Nations, WHO, and the Istanbul Declaration of 2008. The 

establishment of cooperation between countries to combat trafficking in organs and/or body tissues is also in line 

with international law because of all countries, including Indonesia (Madsen, 2013).  

CONCLUSION 

Based on the discussion above, it can be understood that although the Indonesian government has carried out 

criminal policies, it turns out that cases of trafficking in organs for transplants occur in Indonesia. In order for the 

crime of trafficking in organs and/or body tissues to be minimized, reformulation of non-penal policies is needed, 

namely preparing a crime prevention plan by involving stakeholders so that community member who has the 

potential to commit crimes understand the dangers and legal risks, improve people's mental health, increase 

income per capita, and improve administrative and civil law relating to organ transplantation. Meanwhile, the 

penal policy was reformulated by amending the contents of Article 92 of the Health Act, making regulations 

within the Police, Prosecutors, and courts to always use the Health Act as a basis for prosecuting perpetrators. 

The criminal policy reformulation plan in the non-penal sub-policy is stated in a written document made by the 

ministry of health, ministry of social affairs, and ministry of communication and information so that it can be 

used as a basis for the President in revising Government Regulations. Meanwhile, the criminal policy 

reformulation plan in the penal sub-policy is stated in a written document made by the Ministry of Law and 

Human Rights so that it can be used as a basis for the President in issuing Government Regulations, and proposes 

a revision of Article 92 of the Health Act. 

Reference  

Ambagtsheer, F., Zaitch, D., & Weimar, W. (2013). The battle for human organs: organ trafficking and transplant 

tourism in a global context. Global Crime, 14(1).  

BBC.com. (2017a). Kasus Sri Rabitah: Pencurian organ tubuh TKI bukan yang pertama kalinya. 

Https://Www.Bbc.Com/Indonesia/Indonesia-39112370.  

BBC.com. (2017b). Satu kasus perdagangan manusia, 15 orang divonis penjara di NTT. 

Https://Www.Bbc.Com/Indonesia/Indonesia-40102948.  

Beritasatu.com. (2016). Kasus Ginjal, Tersangka Pernah Jual Ginjal di Singapura Rp 3 Miliar. 

Https://Www.Beritasatu.Com/Nasional/350077/Kasus-Ginjal-Tersangka-Pernah-Jual-Ginjal-

DiSingapura-Rp-3-Miliar.  



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

pg. 17 
 

Fauziyat, A. (2017). Global challenge of early detection and management of chronic kidney disease. Jurnal 

Kedokteran Dan Kesehatan Indonesia, 8(1).  

Freedomunited.org. (2020). Stop forced organ harvesting. Https://Www.Freedomunited.Org/Advocate/Forced-

Organ-Harvesting/.  

Hoefnagels, G. P. (1973). The Other Side Of Criminology (Vol. 1). Springer Dordrecht.  

Kementerian  Pemberdayaan Perempuan dan Perlindungan Anak Republik Indonesia. (2016). Press Release: 

Perdagangan Ginjal Modus Baru Tindak Pidana Perdagangan Orang. 

Https://Www.Kemenpppa.Go.Id/Index.Php/Page/Read/30/942/Press-Release-Perdagangan-

GinjalModus-Baru-Tindak-Pidana-Perdagangan-Orang.  

Lenk, C., & Beier, K. (2012). Is the Commercialisation of Human Tissue and Body Material Forbidden in the 

Countries of the European Union? Journal of Medical Ethics, 38(6).  

Madsen, F. G. (2013). Organ Transplantation and Transnational Organised Crime The RUSI Journal. The RUSI 

Journal, 158(5). https://doi.org/https://doi.org/10.1080/03071847.2013.847706  

Mahasena, A. (2018). Pertanggungjawaban Pidana Bagi Pelaku Tindak Pidana Jual Beli Organ Tubuh Manusia. 

Jurnal Magister Hukum Udayana (Udayana Master Law Journal), 7(1).  

Marcelino, A., Mochtar, C. A., Wahyudi, I., & Hamid, A. R. (2018). Kidney transplantation: A new era of 

laparoscopic living donor nephrectomy in Indonesia. Asian Journal of Surgery, 41(1), 55–58. 

https://doi.org/10.1016/j.asjsur.2017.02.010  

Mchale, J. v. (2013). Organ Transplantation, the Criminal Law, and the Health Tourist A Case for Extraterritorial 

Jurisdiction? Cambridge Quarterly of Healthcare Ethics, 22(1).  

Okezone.com. (2016). Kasus Penjualan Organ Tubuh yang Pernah Bikin Heboh. 

Https://Megapolitan.Okezone.Com/Read/2016/02/05/338/1305727/Kasus-Penjualan-Organ-

TubuhYang-Pernah-Bikin-Heboh.  

Peraturan Pemerintah Republik Indonesia Nomor 53 Tahun 2021 tentang Transplantasi Organ dan Jaringan 

Tubuh. (2021).  

Putri, W. A. M. (2019). Pertanggungjawaban Pidana Orang yang Mengiklankan Penjualan Organ Tubuh 

Manusia Secara Online . Universitas 17 Agustus 1945.  

Putusan Pengadilan Negeri Jakarta Pusat. (2016). Putusan Pengadilan Negeri Jakarta Pusat No. 

1015.Pid.B/PN.JKT.PST/2016.  

Republika.co.id. (2013). Sindikat Penjualan Organ Tubuh Manusia Intai Riau. 

Https://Www.Republika.Co.Id/Berita/Mug841/Sindikat-Penjualan-Organ-Tubuh-Manusia-Intai-Riau.  



Global Research Journal of Management and Social Sciences (GRJMSS) Vol. 13 (5) 
 

pg. 18 
 

Setiawan, D. (2014). Organ Trafficking:Kanibalisme Modern Terhadap HAM Anak. Http://Www.Kpai.Go.Id.  

Sitanggang, P. (2019). Pembantuan Dalam Tindak Pidana Perdagangan Orang (Studi Putusan Pengadilan 

Negeri Medan No. 667/Pid.Sus/2018/PN Mdn). Universitas Sumatera Utara.  

Soerjono, Soekanto. Sri, M. (1995). Penelitian Hukum Normatif, Suatu Tinjauan Singkat. Rajawali Press.  

Supit, T., Nugroho, E. A., Santosa, A., Soedarso, M. A., Daniswara, N., & Addin, S. R. (2019). Kidney 

transplantation in Indonesia: An update. Asian Journal of Urology, 6(4).  

UN.GIFT - United Nations Global Initiative to Fight Human Trafficking. (2015). United Nations Office on Drugs 

and Crime, Assessment Toolkit: Trafficking in Persons for the Purpose of Organ Removal.  

Yeung, K., & Horder, J. (2014). How can the criminal law support the provision of quality in healthcare? BMJ 

Journals, 23(6). 


