The URGENSI KRIMINALISASI SEWA RAHIM DALAM HUKUM PERUNDANG-UNDANGAN DI INDONESIA

Abstract

Surrogacy is one form ATR that has sparked legal, ethical, and social debates in various countries, not just in Indonesia. Although Indonesia has administratively regulated surrogacy thru Law Number 17 of 2023 concerning Health, Government Regulation Number 61 of 2014 concerning Reproductive Health, and their implementing regulations, there is currently no criminal regulation that explicitly addresses the act of surrogacy. The absence of criminal regulations creates a legal vacuum that could potentially weaken the protection of women as surrogate mothers and children born from gestational surrogacy. This research aims to analyze surrogacy regulations in positive law in Indonesia and to examine the urgency of criminalizing surrogacy in Indonesian legislation using a normative legal research method with a statutory and conceptual approach, and utilizing primary, secondary, and tertiary legal materials. The research results show that the ban on surrogacy in Indonesia is still administrative and not accompanied by criminal sanctions, so it lacks enforcement power.
Surrogacy poses complex risks both physically and psychologically. Therefore, criminalizing surrogacy becomes an urgency for clear legal certainty and to provide protection for legal interests. Of course, criminalization needs to be carried out proportionally, placing the commissioning parents and facilitators as the main subjects of criminal responsibility, while the surrogate mother is selectively positioned. This research is expected to contribute academically and practically to the development of criminal law regulations that emphasize the protection of women and children, and maintain human dignity, particularly that of women, in the context of assisted reproductive technology development in Indonesia.