LEGAL ASPECTS THE USE OF DEOXYRIBONUCLEIC ACID (DNA) ON HUMAN EMBRYO CLONING PROCESS

Abstract

Background: Used of DNA on the cloning of human embryos raises legal problems, particularly with regard to inheritance law, health law, human rights law, and criminal law. The objective of study is describe embryo cloning process.

Methods: The method used was normative, national legislation, whereas the research phase was done through the study of literature to examined the primary legal materials that the marriage act, inheritance law (Islam), Health Law, Law on Rights humans, and the Code of Penal (Penal Code). Furthermore, secondary law was done through the opinion of the experts, and tertiary legal materials that digital sources (internet).

Result: Cloning human embryos is a rapid advances in medicine but legal aspects need further study the basic legality.

Conclusion: The cloning of human embryos with regard to (1) Legal aspects of marriage and inheritance law, that bias was the meaning of marriage, because to got a child or descendant did not need to perform marriages; and also eliminated the human cloned embryos nasab (lineage). (2) Aspek health law, therapeutic cloning was permitted throughout the implementation respect the right to life of the embryo, and may not used stem cells derived from embryos (embryonic stem cells), but used adult stem cells (adult stem cells). (3) Aspects of human rights, the used of stem cells of any kind was unethical because it was dictated by an individual before a new individual that interfere with human rights. (4). Aspects of criminal law, relating to persecution, abortion, and abortion assistance.

Keywords: Legal aspects, DNA, cloning