Coronavirus Disease (Covid-19) Vaccination Policy as a Right or Obligation: Health Law Perspective

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Abstract

Introduction: The legal issue in this paper is the uncertainty regarding the recognition of the COVID-19 vaccination policy as a citizen's right or obligation. Vaccination is a medical procedure that provides a vaccine that stimulates the production of immunity in the body as a preventive measure. The vaccination program is an effort to realize the 3 SDGs. In Indonesia, the rules regarding health rights and obligations are regulated in the Health Law, but it is still not explicitly regulated in terms of vaccination, nor is vaccine approval legally regulated. Furthermore, the Outbreak Management Act provides legal consequences for anyone who refuses to be vaccinated because it is considered to hinder the control of the epidemic. This paper analyses the categories of rights and obligations. Methods: This research applies normative legal research while the legal approach and conceptual approach are used as approaches. Results: The implementation of the COVID-19 vaccine policy as a human right has an inherent obligation to humans. Therefore, in practice the implementation of the COVID-19 vaccine policy as a citizen's right, in the end cannot be implemented, even though it is based on individual beliefs because there are obligations that require someone to fulfill the rights of others including the right to health and criminal sanctions are imposed if not implemented. onclusions: This research shows that the Covid-19 vaccination policy in Indonesia is not only a human right but also an obligation. So that criminal sanctions arise for people who do not implement them.

Original languageEnglish
Pages (from-to)18-24
Number of pages7
JournalMalaysian Journal of Medicine and Health Sciences
Volume19
Publication statusPublished - Feb 2023

Keywords

  • Covid-19
  • Health
  • Plague
  • Vaccination
  • Vaccine policy

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