Ethical–Legal Perspective of Stem Cell Therapy Under

Abstract

Stem cell therapy is a promising medical innovation for the treatment of various degenerative and chronic diseases. However, the use of this therapy in Indonesia faces big challenges, both from the perspective of positive law which still limits the use of stem cells, and from the perspective of Islamic law which has ethical principles in the use of medical technology. This research aims to analyses the legal status of stem cell therapy from the perspectives of Indonesian positive law and Islamic law. This research is a normative juridical research as well as an istinbāṭ method, mainly on Indonesian law and progressive fiqh (Islamic jurisprudence). Positive law in Indonesia is restrictive towards the use of embryonic-based stem cells in order to maintain biomedical ethics but prevent optimal potential. From the perspective of Islamic law, the use of stem cells is considered acceptable for the benefit of the people, especially if they are used for the purpose of curing diseases in emergency situations (maqasid sharia) and providing space for adaptation to scientific developments that can provide great benefits to society. Therefore, stem cell therapy in Indonesia is permitted for medical purposes in accordance with positive law, but is limited to the use of non-embryonic stem cells, while Islamic law supports the use of this therapy based on the principles of maqasid sharia, which prioritizes the benefit of the people. The importance of harmonization between positive law and Islamic law in Indonesia to create policies that are more inclusive, fair and responsive to stem cell development.