PERLINDUNGAN HUKUM TERHADAP HAK KESEHATAN MASYARAKAT DKI JAKARTA TERKAIT ADANYA KEWAJIBAN VAKSINASI COVID-19 DITINJAU DARI PERATURAN DAERAH KHUSUS IBUKOTA JAKARTA NOMOR 2 TAHUN 2020 TENTANG PENANGGULANGAN CORONA VIRUS DISEASE 2019 (COVID-19)

Abstract

The Covid-19 pandemic has created an emergency status in Indonesia. Through Presidential Decree Number 11 of 2020, Indonesia has announced a health emergency status. Various efforts have been made in order to overcome the impact of the Covid-19 pandemic. One of them is the vaccination effort. However, in the community there are pros and cons regarding the vaccination. A number of people refuse to be vaccinated. Therefore, this study will examine regulations issued by the government related to sanctions for someone who refuses vaccination, namely the Regional Regulation of the Special Capital City Region of Jakarta Number 2 of 2020 concerning Prevention of Corona Virus Disease 2019, in Article 30 of the DKI Jakarta Regional Regulation someone who refuses Vaccination is subject to Fine of 5 Million Rupiah. This regional regulation contradicts Law Number 36 of 2009 concerning Health. In Article 5 paragraph (30) which states emphatically that every person has the right to independently and responsibly determine the health services he needs, and explains whether vaccination is a right or obligation for the community and whether vaccine refusal can be subject to criminal sanctions. This shows that Vaccination, which was originally everyone's right, can become an obligation considering the current emergency situation in Indonesia. This is because someone who is not vaccinated has the potential to infect and even kill other people. As for punishment, this should be an ultimum remedium, if other institutions such as persuasive methods, socialization and even administrative sanctions related to vaccination are no longer functioning while the health emergency conditions in Indonesia are getting worse.

Keywords: Vaccination, human rights, DKI residents, responsibility, criminal sanction