VACCINATION AS A RIGHT

Rights are something that must be obtained by everyone from birth even before birth. Based on the
Indonesian dictionary, the right has the meaning of something that is true, ownership, possessions,
citizenship, the power to do something because it has been determined by laws, regulations, and so on.

Vaccination is the process of administering a vaccine by injecting or dripping it into a person's mouth
to increase the production of antibodies to ward off certain diseases.

Everyone needs to get vaccines, especially babies and children because they have weak and
developing immune systems. However, apart from babies and children, adults also need to get vaccines.
Adults are advised to get the vaccine if they have certain conditions or risk factors, such as:

- Old age
- Are pregnant or breastfeeding
- Chronic diseases, such as asthma, diabetes and heart disease
- Weak immunity, for example because of chemotherapy, a history of organ transplant surgery, or
suffering from HIV infection
- Never received mandatory immunization before
 - Work in a place where there is a high risk of transmitting infection, such as a hospital or clinical
laboratory

Even though for these reasons people have to be vaccinated, in some conditions many people refuse to
be vaccinated because the ingredients in the vaccine still contain haram elements, especially for some
Muslims. Because there are several hadith studies which state that Islam encourages its followers to
always be careful in consuming the main foods that contain haram.

There are several articles disclosed that most of the vaccines used in Indonesia such as Rubella
measles vaccine (MR), polio vaccine, tetanus vaccine still contain porcine enzymes and human cells that
are disabled or killed.

Although currently efforts are being made to present vaccines that contain halal elements, the numbers
are still very limited. for example the meningitis vaccine for pilgrims.

Recently, the public was shocked by the trypsin content derived from pork enzymes in the Astra
Zenecca covid19 vaccine product.
 However, on the pretext of a very urgent and very urgent condition due to the pandemic, the MUI
decided that the law on using the AstraZeneca Covid-19 vaccine is permissible or can be used for the
current vaccination program.

The community has received various responses to the use of the AstraZeneca vaccine, some even
expressed their rejection.

In these conditions, the government should not consider this rejection as a form of disobedience by
citizens to the government.

The public also has the right to express opinions protected by law. Rights are a gift from God
Almighty which is innate and others cannot violate them.

Some people who refuse vaccination argue that compulsory vaccination is an imposition and a
violation of human rights ("HAM"). In addition, it is also considered a violation of the integrity of a
person's body which is actually protected by Law Number 36 of 2009 concerning health at:

- Article 5 paragraph (3) of Law 36/2009; Everyone has the right to independently and responsibly
determine the health services that are needed for him / herself.
 - Article 8 of Law 36/2009; Every person has the right to obtain information about his / her own
health data, including the actions and treatments that have been or will be received from health
workers.
- Article 56 paragraph (1) of Law 36/2009; Every person has the right to accept or reject part or all
of the relief measures that will be given to him or her after receiving and understanding the
complete information about the action.

To answer this controversial issue, the government should consolidate with various parties, for
example, presenting the MUI represented by the fatwa agency, LP POM, the Ministry of Health and the
Ministry of Religion. The only solution that might solve this problem is the development of a vaccine that
does not use the ingredients discussed above, for example replacing enzymes from animals with plant-
based preparations or replacing pork enzymes with other halal animal enzymes such as beef.
VACCINE AS AN OBLIGATION

Questioning coordination as a right or obligation is more emphasized on how the government in

a country takes policies on vaccines as an effort to prevent the spread of covid-19, for Indonesia the
government has firmly stated that vaccines are an obligation for the government to be given to its citizens
as the right to stay healthy and safe from The possibility of Corona virus infection, takes into account
various things including the population in this country, especially the island of Java, where the population
is very dense, Indonesia needs vaccinations to form Heart immunity which can only be achieved if more
than 70% of the population has received a vaccine injection.

Deputy Minister of Law and Human Rights (HAM) Edward Hiariej said the Covid-19
vaccination program, is mandatory for everyone in the midst of the Covid-19 pandemic. This obligation, is
contained in Law Number 6 of 2018 concerning Health Quarantine. Article 15 paragraph 2 letter a of the
Law mandates a vaccination program in the midst of health quarantine. "When we refer to Law Number 6
of 2018 concerning Health Quarantine, then this vaccine is an obligation.

Meanwhile, the Coordinating Minister for Political, Legal and Security Affairs
(Menkopolhukam) Mahfud MD said, anyone who refuses the Covid-19 vaccination program, can be
subject to a criminal offense.
 The basis for this legal action is contained in article 216 of the Criminal Code or KUHP.
Meanwhile, that article regulates criminal acts for anyone who does not comply with the provisions of the
law and for officials who carry out the functions of the law.

For some individuals, requiring society to vaccinate can be considered a violation of personal
'right' freedoms. However, it must be understood, that every personal freedom has limitations. This
limitation of freedom was emphasized by John Stuart Mill who argued,’’that every individual has the right
to act according to their wishes as long as their actions do not harm others’’. In this context, people who
are reluctant to vaccinate will have the potential to violate the principles of other people's rights. Those
who refuse to vaccinate are able to pose risks and threaten the health of others as a result of their actions.
Individuals who refuse to be vaccinated are legally responsible for the actions they choose. In the sense
that other people have the right to hold individuals who refuse vaccination responsible because their
noncompliance endangers others.

And if we look at law number 4 article 14 of 1984 states that:

(1) Any person who deliberately obstructs the implementation of epidemic control as provided
for in this Law, shall be punished with a maximum imprisonment of 1 year and / or a fine as high as
Rp. 1,000,000.
 (2) Any person who due to his / her negligence results in obstruction of the implementation of
epidemic control as regulated in this Law, shall be punished with imprisonment for a maximum of 6
months and / or a fine as high as Rp. 500,000.

(3) Criminal acts as intended in paragraph 1 are crimes and criminal acts as referred to in
paragraph 2 are violations.

It is worth emphasizing, although it is not the only way, vaccination is one way to stop a viral
pandemic. Vaccination is needed because it accelerates the existence of herd immunity in the community,
in the hope that the pandemic can be ended more quickly. Vaccination is a form of fulfilling the
government's obligation to protect public health. Getting vaccinated is part of the right to health of citizens
in line with Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 9
of Law Number 39 of 1999 concerning Human Rights.