Former Chief Justice Of The Constitutional Court Hamdan Zoelva: The Supreme Court's Decision On Halal Vaccines Must Be Implemented By The Government

Former Chief Justice of the Constitutional Court and Legal Expert Hamdan Zoelva ANTARA/HO-Special

JAKARTA - Former Chief Justice of the Constitutional Court (MK) Hamdan Zoelva emphasized that the decision of the Supreme Court (MA) regarding halal vaccines must be implemented by the government.

"The decision is a decision of the Supreme Court that must be implemented by the government. The government must ensure that the vaccines given are halal," Hamdan said, quoted by Antara, Friday, April 22.

In addition, Hamdan emphasized that the government should not impose if there are residents who refuse to be vaccinated because there is no halal guarantee.

"You can't force it if people refuse to be vaccinated because there is no halal guarantee," he said.

The Supreme Court has granted a judicial review of Presidential Regulation Number 99 of 2020 in Article 2 paragraph 1 concerning the Procurement of Vaccines and Vaccinations in the Context of Overcoming the COVID-19 Pandemic

As stated in the ruling Number 31 P/HUM/2022, the Supreme Court of the Republic of Indonesia stated that Article 2 of Presidential Regulation Number 99 of 2020 concerning the Procurement of Vaccines and Vaccinations in the Context of Combating the COVID-19 Pandemic is contrary to higher laws and regulations, namely the provisions of Article 4 of the Law. -Law Number 33 of 2014 concerning Guarantee of Halal Products.

“The government (Minister of Health, Committee for Handling Corona Virus Disease 2019/COVID-19 and National Economic Recovery, and Head of the Food and Drug Supervisory Agency), is obliged to provide protection and guarantees regarding the halalness of the type of COVID-19 Vaccine stipulated for the implementation of the COVID-19 Vaccination. in the territory of Indonesia," reads a copy of the Supreme Court's decision.

In addition, the Supreme Court stated that Article 2 of the Presidential Regulation does not have binding legal force as long as it is not interpreted: "The government (Minister of Health, Committee for Handling Corona Virus Disease 2019/COVID-19, National Economic Recovery, and Head of the Food and Drug Supervisory Agency), must provide protection and guarantee regarding the halalness of the type of COVID-19 Vaccine that is stipulated for the implementation of the COVID-19 Vaccination in the territory of Indonesia”.