JPH: Jurnal Pembaharuan Hukum Volume 8, Number 3, December 2021 420 THE CRIMINAL LAW'S FUNCTIONALIZATION AGAINST Jurnal Pembaharuan Hukum THE TRAFFICKING OF KIDNEYS FOR TRANSPLANT PURPOSES Volume 8 No.3 September-December 2021 Trini Handayani THE CRIMINAL LAW'S FUNCTIONALIZATION AGAINST THE TRAFFICKING OF KIDNEYS FOR TRANSPLANT PURPOSES Trini Handayani Universitas Suryakancana, Cianjur, Indonesia trinihandayani@unsur.ac.id Abstract Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law of 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective. Keywords: Transplantation, Kidney Trafficking, Policy Formulation A. INTRODUCTION In the Preamble to the 1945 Constitution, the national objectives of the Indonesian nation are stated, namely: forming a state government of Indonesia that protects the entire Indonesian country, advancing public welfare, educating the nation's life and participating in implementing world order based on independence, eternal peace and social justice based on Pancasila. 1 The birth of Indonesian law coincided with the advent of the Republic of Indonesia (NKRI) on August 17, 1945, when the Indonesian nation declared its independence. At the time of the proclamation, the Republic of Indonesia was officially born, covering its territory from Sabang until Merauke. The Unitary State of the Republic of Indonesia stands on the 1945 1 The preamble of Constitution 1945, paragraph 2.