Jurisprudential and Legal Analysis of Organ Donation by Death Row Inmates

Abstract

The aim of the present research is to explore the jurisprudential and legal aspects of organ donation by death row inmates. The research method is descriptive-analytical, utilizing library resources. Although there are clear laws on organ donation in the country, this phenomenon, which is highly beneficial, requires cultural promotion and education. This should be done so that not only death row inmates but also everyone may come to the realization that if they are in a state of brain death, donating their organs to save the lives of others is a commendable act. Indeed, the mere act of organ donation to save a dying patient exemplifies the divine verse that states saving one life is akin to saving all of humanity. Consequently, such a noble deed certainly invites God’s forgiveness and mercy, and it is even possible that some of the individual’s sins may be pardoned. From a religious standpoint, the act of applying a punishment for sin is not negated. Thus, promoting and advocating for organ donation from death row inmates according to the existing laws of the country could serve as a suitable solution for reducing the challenges faced by patients in need of organ transplants. According to the law, organ transplantation applies to deceased individuals or those in a state of brain death. Therefore, a condemned person is considered deceased or equivalent to deceased, and if the donation is carried out with the inmate's consent and in accordance with their will, as stipulated in Article 6 of the Executive Regulations for the Organ Transplantation Law of Deceased or Brain-Dead Patients, there is no legal issue.