Analisis yuridis normatif terhadap perjanjian sewa rahim dan prakteknya di Indonesia = Normative juridical analysis towards the surrogacy agreement and its practice in Indonesia

Sari, Frilli (2017) Analisis yuridis normatif terhadap perjanjian sewa rahim dan prakteknya di Indonesia = Normative juridical analysis towards the surrogacy agreement and its practice in Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Technology advances in the health sector, primarily related to the artificial reproductive pregnancy to help couples with infertility are keep moving on the progress line. One of the alternative for the infertile couples is by doing the in vitro fertilization practice that have been developed into surrogacy practice that based on its agreement. Obviously this will greatly help couples who want to have children but because of medical reasons they cannot do natural reproduction. Furthermore, in Indonesia, it is known that there are about 10-15% of couples in Indonesia who have infertility so they have difficulties to have children. The practice of surrogacy as an alternative actually will really helpful, but until now there has been no legal rules that allowing the implementation of surrogacy practice in Indonesia. Talk about the surrogacy agreement, many people argue that in Article 1338 Indonesia’s Civil Code there is a principle about freedom of contract, then public considers that the covenant of the surrogacy can be based on this principle. Based on these matters, me as the author of this thesis are interested to examine more about the position of the surrogacy practices in Indonesia and what protection that will be obtained by the parties who deliberately make the lease agreement and implement the practice if there is a default of this agreement. This topic will be analyzed through qualitative research methods that are based on existing data in the society to then reconstructed, analyzed and concluded without using statistical procedures. Based on these matters, I’m as the author managed to get the answer that now the position of surrogacy practice is something that is prohibited in Indonesia because the prohibition is indirectly found in some regulations, one of them is in Law No. 36 of 2009 about Health. Even though there is a freedom of contract principle, the treaty underlying the surrogacy practice remains inoperative because it does not adequate the objective element of the treaty which makes this treaty even though it is still made, will conduce null and void, so that no protection is obtained by the parties if any of them make a default on the surrogacy agreement.

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