Organ Transplant Agreement Between Donor and Recipient by Notary

DOI

10.2991/aebmr.k.200513.119How to use a DOI?

Keywords

organ transplantation, notarial agreement, legality

Abstract

Transplantation of human organs is one of the rapidly developing alternative treatments. The imbalance in demand with the availability of organs results in the commercialization of human organs. The use of donors from non-related family is one of the considerations in implementing therapy. It is necessary to have an agreement between the organ giver and the organ receiver so that problems do not occur in the future. The formulation of the problem in this thesis is “How does the implementation of medicolegal organ transplantation from donors use notary agreements to improve body health?” This research uses a normative and empirical juridical approach with descriptive analytical research specifications, normative and empirical qualitative data analysis methods on primary or secondary data. An agreement is a deal between the two parties to do something. Agreements are very often used in life, both underhand and notary agreements. In the contents of the agreement the parties make it in accordance with the principle of freedom of contract. Under the hand agreements often have problems between parties because the agreement is not binding. For this reason, the role of the Notary is required in making a notarial agreement deed so that the parties can achieve their respective goals and it is safe if one day there is a party who defaults, then the notarial agreement can be used as valid evidence. Article 1873 of the Civil Code provides an explanation that the responsibility of Notaries as public officials relating to the material truth of the simulation agreement in the form of an authentic deed is civil, as long as it does not cause harm to the parties, the Notary cannot be liable for civil liability. Criminally cannot be prosecuted because it does not meet the aspects of a criminal offense. Based on the Notary Position Regulations, liability can be held if it turns out that the notary does not provide access to a particular law. based on the code of ethics the Notary is personally responsible for the deed he made. Thus, the Notary in carrying out his duties must uphold the code of ethics, and the legality of existing rules. Empirically there are still few notarial agreements implemented by the givers and recipients of organ transplant donors. Informed consent is more widely used in binding organ transplantation agreements. Susalit E (2002) state that kidney organ transplants have been carried out since 1985 in 2 Semarang Hospitals, 58 times in Telogorejo Hospital and 2 times in Dr Kariadi General Hospital, all using informed consent. Alleged sale and purchase of kidneys that was published by Malangtimes.com, leaving the problem of underhand agreements that are still ongoing. Conclusion: Need to immediately improve regulations regarding donor agreements and organ transplant recipients who are notarized and implemented immediately by the health community. All stakeholders must play an active role in providing input on the implementation of human organ transplantation so that the benefit of human health can be achieved to the fullest.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sri Nurdiana Purwaningsih
PY  - 2020
DA  - 2020/05/20
TI  - Organ Transplant Agreement Between Donor and Recipient by Notary
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 626
EP  - 632
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.119
DO  - 10.2991/aebmr.k.200513.119
ID  - Purwaningsih2020
ER  -