Fines For Refusing Vaccination In The DKI COVID-19 Regional Regulation Will Be Sued To The Supreme Court

ILLUSTRATION / Supreme Court Building (ANTARA)

JAKARTA - A Jakarta resident who works as an advocate named Happy Hayati Helmi will submit a request for judicial review of Article 30 of DKI Regional Regulation Number 2 of 2020 concerning Handling COVID-19 to the Supreme Court (MA).

Article 30 of Perda 2/2020 stipulated by the Governor of DKI Anies Baswedan and the DPRD DKI reads: Every person who deliberately refuses to receive treatment and / or vaccination for COVID-19, will be punished with a maximum fine of IDR 5,000,000.

Happy's attorney, Viktor Santoso Tandiasa, said that his client sued the imposition of fine sanctions in Article 30 of the DKI 2/2020 Regional Regulation because it contradicts Law Number 36 of 2009 concerning Health.

"The article contains a compelling nature for every citizen of DKI because there is a criminal sanction of Rp. 5 million for each person who refuses to be vaccinated against COVID-19. This is of course contrary to Article 5 paragraph (3) of Law 36/2009 which gives rights to everyone independently and he is responsible for determining the necessary health services for himself, "Viktor said in his statement, Friday, December 18.

In addition, according to Viktor, the fine for refusing vaccination in DKI is also contrary to Article 3 paragraph (2) of Law 39/1999 concerning Human Rights and Article 6 paragraph (1) letter g and letter i of Law 12/2011 concerning the Formation of Law Regulations.

Because, according to him, the fine sanction arrangement does not result in fair legal treatment. The community does not want vaccination

COVID-19, but economically they are able to pay a fine, so the community members can choose not to vaccinate themselves.

However, for citizens who are unable to pay fines, like it or not, these residents must be vaccinated against COVID-19.

"In fact, regarding the effectiveness, the side effects of the COVID-19 vaccine are not certain. The company that produces the Sinovac vaccine that has entered Indonesia said that until now the efficacy of the vaccine is not known," he said.

The imposition of a fine to refuse COVID-19 vaccination in the capital, according to Viktor, is also not in line with central government policy. "In fact, the Minister of BUMN had said that there was no coercion of the COVID-19 vaccination," he added.