The title of this research is Comparison Of Criminal Sanctions For Buying And
Buying Human Blood Based On Law Number 17 Of 2023 Concerning Health.
Buying and selling blood is an act that is prohibited by the Law on Health. In
practice, there are many phenomena of buying and selling blood carried out by
health workers in Indonesia. Law enforcement regarding this phenomenon can be
researched normatively using a normative regulatory approach regarding health
in Indonesia. This type of research is normative legal research. Normative research
is research that focuses on legal norms. The conclusion of this writing is that Blood
donation is the process of taking blood from someone voluntarily to be stored in a
blood bank for later use in blood transfusions. The criminal liability of perpetrators
of buying and selling blood can be analyzed based on criminal law in Indonesia.
General criminal legislation is the Criminal Code and all laws that amend or add
to the Criminal Code such as Law Number 1 of 1946, Law Number 73 of 1958, Law
Number 18 of 1960 and others. Meanwhile, special criminal legislation is criminal
legislation outside the Criminal Code and which is related to the Criminal Code.
The prohibition on the sale of human organs is not regulated in the Criminal Code
but in Law Number 36 of 2009 concerning Health. This is confirmed in Article 64
paragraph (3) which states that organs and/or body tissues are prohibited from
being traded under any pretext. As explained above, perpetrators of selling organs
and/or body tissue are subject to criminal penalties as regulated in Article 192 of
the Health Law which states that every person who deliberately trades in organs
and/or body tissue under any pretext.