The Legal Status of Surrogate Mothers in Indonesia
)
(1) Faculty of Law Gadjah Mada University, Yogyakarta, Indonesia
Corresponding Author
Abstract
The practice of surrogate mother is widely applied abroad, but in Indonesia there is a lot of opposition from the community. In Indonesia, this practice has not received a clear legal force. This is related to the clarity of the legal status of the child being born as well as the legal status of the rent of the womb of another person who has not been regulated. The purpose of this study is to determine the legal position of surrogate mother and its implementation based on ethics and religion in Indonesia. This study uses a normative juridical approach. The results of this study indicate that surogate mother in Indonesia is null and void because it is contrary to Article 1320 of the criminal code; in addition, from the side of criminal law is also contrary to Article 284 of the Criminal Code. Even surrogate mother declared not in accordance with the norms of decency in Indonesia.
Keywords
DOI
10.47268/ballrev.v3i1.740
Published
2022-05-16
How To Cite
@article{BALLREV740,
author = {Dinarjati Puspitasari},
title = {The Legal Status of Surrogate Mothers in Indonesia},
journal = {Batulis Civil Law Review},
volume = {3},
number = {1},
year = {2022},
keywords = {Legal Position; Surrogate Mother; Normative Juridical},
abstract = {The practice of surrogate mother is widely applied abroad, but in Indonesia there is a lot of opposition from the community. In Indonesia, this practice has not received a clear legal force. This is related to the clarity of the legal status of the child being born as well as the legal status of the rent of the womb of another person who has not been regulated. The purpose of this study is to determine the legal position of surrogate mother and its implementation based on ethics and religion in Indonesia. This study uses a normative juridical approach. The results of this study indicate that surogate mother in Indonesia is null and void because it is contrary to Article 1320 of the criminal code; in addition, from the side of criminal law is also contrary to Article 284 of the Criminal Code. Even surrogate mother declared not in accordance with the norms of decency in Indonesia.},
issn = {2746-8151}, pages = {19--28} doi = {10.47268/ballrev.v3i1.740},
url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/740}
}
Abidin, A. Z. (2007). Hukum Pidana I. Sinar Grafika.
Black, H. C. (1999). Black’s Law Dictionary. West Group.
Femina.co.id. (2011). Kontroversi Surrogate Mother. Femina.Co.Id. https://www.femina.co.id/article/kontroversi-surrogate-mother
Judiasih, S. D., & Dajaan, S. S. (2017). Aspek Hukum Surrogate Mother Dalam Perspektif Hukum Indonesia. Jurnal Bina Mulia Hukum, 1(2), 141–150.
Kristanti, E. Y. (2014). Mengejutkan! China Lakukan Kloning Masal. Liputan6.Com. https://www.liputan6.com/global/read/800047/mengejutkan-china-lakukan-kloning-massal
Kurniawati, A., & Basuki, Z. D. (2011). Proses Bayi Tabung yang Menggunakan Ibu Pengganti (Surrogate Mother) dalam Perspektif Hukum Perdata di Indonesia. Universitas Katolik Indonesia ATMA JAYA.
Liputan6. (2002). Lahir, Manusia Pertama Hasil Kloning. Liputan6.Com. https://www.liputan6.com/global/read/47082/lahir-manusia-pertama-hasil-kloning
Notoatmojo, S. (2010). Etika dan Hukum Kesehatan. Rineka Cipta.
Pramesti, T. J. A. (2018). Aspek Hukum tentang Surrogate Mother (Ibu Pengganti). Hukumonline.Com. https://www.hukumonline.com/klinik/a/aspek-hukum-tentang-isurrogate-mother-i-ibu-pengganti-lt4c562a3b4bba4
Putra, L. K. (2013). Mengenal Lebih Dekat Apa Itu Surrogate Mother. Fimela.Com. https://www.fimela.com/beauty/read/3824505/mengenal-lebih-dekat-apa-itu-surrogate-mother
Putri, A. L. (2013). Pro-kontra Surrogate Mother di India. Tempo.Co. https://gaya.tempo.co/read/1588639/fakta-hepatitis-akut-misterius-yang-perlu-anda-tahu
Ramli, R. (n.d.). Proses Bayi Tabung. Retrieved September 28, 2020, from http://www.prosesbayitabung.com
Tobing, L. (2013). Status Hukum Anak Hasil Sewa Rahim. Hukumonline.Com. https://www.hukumonline.com/klinik/a/status-hukum-anak-hasil-sewa-rahim-lt514dc6e223755
Yendi. (2011, April 10). Perkembangan Hukum Teknologi Reproduksi Buatan Di Indonesia.
: 5433 times
Download : 1666 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | The Legal Status of Surrogate Mothers in Indonesia |
| 2. | Creator | Author's name, affiliation, country | Dinarjati Eka Puspitasari; Faculty of Law Gadjah Mada University, Yogyakarta; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Legal Position; Surrogate Mother; Normative Juridical |
| 4. | Description | Abstract | The practice of surrogate mother is widely applied abroad, but in Indonesia there is a lot of opposition from the community. In Indonesia, this practice has not received a clear legal force. This is related to the clarity of the legal status of the child being born as well as the legal status of the rent of the womb of another person who has not been regulated. The purpose of this study is to determine the legal position of surrogate mother and its implementation based on ethics and religion in Indonesia. This study uses a normative juridical approach. The results of this study indicate that surogate mother in Indonesia is null and void because it is contrary to Article 1320 of the criminal code; in addition, from the side of criminal law is also contrary to Article 284 of the Criminal Code. Even surrogate mother declared not in accordance with the norms of decency in Indonesia. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2022-05-16 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/740 |
| 10. | Identifier | Digital Object Identifier | 10.47268/ballrev.v3i1.740 |
| 11. | Source | Title; vol., no. (year) | Batulis Civil Law Review; Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : Batulis Civil Law Review Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
|
Copyright (c) 2022 Dinarjati Eka Puspitasari
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Email this article 
