REFORMULATION OF THE CRIMINAL POLICY AGAINST THE ORGANS AND/OR BODY TISSUES TRAFFICKING IN INDONESIA

Abstract

Trafficking of organs and/or body tissues in Indonesia is categorized as a crime. The criminal policy has been carried out, but the cases are still increasing. In order to prevent crime, it is necessary to reformulate criminal policy in Indonesia based on Hoefnagel’s theory. There are 2 research problems, namely how to formulate a nonpenal policy, and a penal policy. This study uses criminology and legal research methods. The data was collected by desk research technique, and then analyzed using the content analysis technique. The results of the study, (1) nonpenal policies were formulated by several authorized Ministries by revising strategies to influence public views on organ trafficking through mass media and social media; improve social welfare and mental health; increase per capita income; improve the content of administrative law and civil law governing organ transplantation. (2) The penal policy is carried out by amending the contents of Article 92 of the Health Act so that recipients and organ donors who are indicated to be buying and selling organs can be punished; creating internal regulations within criminal law enforcement agencies so that they only use the Health Act to prosecute perpetrators of trafficking in organs and/or body tissues.