JOSR: Journal of Social Research
November 2022, 1 (12), 670-680
p-ISSN: 2827-9832 e-ISSN: 2828-335x
Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr
http://ijsr.internationaljournallabs.com/index.php/ijsr
Criminal Threats Against The Injection of Empty Vaccines into the Body
Based on Law Number 6 Year 2018 About Health Quarantine
Rama Dona, Bernat Panjaitan, Nimrot Siahaan
Faculty of Law, Labuhanbatu University
ramadona270285@gmail.com
Abstract (Indonesia)
Received:
Revised :
Accepted:
November 19,
2022
November 21,
2022
November 22,
2022
Latar Belakang: Saat ini Indonesia telah berjalan selama 2
tahun dengan adanya pandemi COVID-19 yang telah
menyebar ke berbagai pelosok tanah air di Indonesia. Gejala
yang ditimbulkan oleh virus ini beragam, yaitu Influenza,
sesak napas, atau infeksi serupa seperti SARS dan MERS.
Tujuan: Penelitian ini bertujuan untuk mengetahui dan
menganalisis dampak Vaksin Covid-19 terhadap Tubuh
Manusia serta mengetahui dan menganalisis ketentuan
pidana bagi pelaku vaksinasi kosong yang dimasukkan ke
dalam tubuh.
Metode: Penelitian ini termasuk dalam jenis penelitian
normatif. Sehingga dapat diketahui bahwa vaksin merupakan
salah satu bentuk intervensi medis untuk memperkuat
imunitas masyarakat di tengah pandemi, selain itu juga dapat
diketahui bahwa pelaku kasus suntikan vaksin kosong dapat
diajukan ke pengadilan untuk dapat
mempertanggungjawabkan perbuatannya apabila
perbuatannya tidak memiliki unsur kelalaian atau kelalaian.
Hasilnya: Corona Virus Disease-19 (COVID-19)
memberikan dampak yang signifikan terhadap seluruh aspek
kehidupan manusia di dunia, khususnya di Indonesia yang
memiliki wilayah yang sangat luas dan jumlah penduduk
yang besar (sekitar 267 juta jiwa) dengan berbagai profesi.
Vaksinasi adalah proses pemberian vaksin ke dalam tubuh.
Kesimpulan: Berdasarkan penjelasan di atas, dapat
disimpulkan bahwa vaksin merupakan salah satu bentuk
intervensi medis untuk memperkuat imunitas masyarakat di
tengah pandemi.
Kata Kunci: Ancaman Pidana, Vaksin Kosong, Karantina
Kesehatan.
Abstract (English)
Rama Dona, Bernat Panjaitan, Nimrot Siahaan / JOSR: Journal of Social Research, 1(12), 670-
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Criminal Threats Against The Injection of Empty Vaccines into the Body Based on Law
Number 6 Year 2018 About Health Quarantine
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Background: Currently, Indonesia has been running for 2
years with the COVID-19 pandemic that has spread to
various corners of the country in Indonesia. The symptoms
caused by this virus vary, namely Influenza, shortness of
breath, or similar infections such as SARS and MERS.
Objective: This study aims to find out and analyze the
impact of the Covid-19 Vaccine on the Human Body and
know and analyze the criminal provisions for perpetrators
of empty vaccinations that are put into the body.
Methods: This research belongs to the normative type of
research. So it can be known that vaccines are a form of
medical intervention to strengthen people's immunity in the
midst of a pandemic, besides that it can also be known that
the perpetrator of an empty vaccine injection case can be
submitted to the court to be able to account for his actions if
his actions do not have an element of negligence or
negligence.
Results: Corona Virus Disease-19 (COVID-19) has a
significant impact on all aspects of human life in the world,
especially in Indonesia which has a very large area and a
large population (around 267 million people) with various
professions. Vaccination is the process of administering a
vaccine into the body.
Conslusion: Based on the explanation above, it can be
concluded that vaccines are a form of medical intervention
to strengthen people's immunity in the midst of a pandemic.
Keywords: Criminal threats, empty vaccines, health
quarantine.
*Correspondent Author : Rama Dona
Email : ramadona270285@gmail.com
INTRODUCTION
In the Law of the Republic of Indonesia Number 6 of 2018 concerning Health
Quarantine, it is explained that in the context of implementing the full development of
Indonesian people, it is necessary to have health protection for all Indonesians spread across
various large and small islands located in a very strategic position and are on international
trade routes, which play an important role in the traffic of people and goods.
Currently, Indonesia has been running for 2 years with the COVID-19 pandemic
that has spread to various corners of the country in Indonesia.
(Susanna, 2020) The symptoms caused by this virus vary, namely Influenza,
shortness of breath, or similar infections such as SARS and MERS. This makes people
more cautious in limiting normal activities to prevent the transmission of this virus.
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The government has made efforts to address the rising number of COVID-19
victims by imposing blockades in places such as shopping malls, schools, workplaces or
crowded places that cause pressure or skin touch. The government also urges people to
always increase their immune system, for example by consuming vitamins and a healthy
diet to prevent transmission (Susanto et al., 2021) .
Nowadays, many empty syringes are found injected into humans. This matter has
become a hot topic on social media. Currently, the Police are investigating this case by
obtaining a series of evidence in the form of syringes for tablets or vials of the Covid-19
vaccine. In addition to collecting evidence, investigators also examined witnesses
(Geovanie & Dana, 2021).
It has been two years since the Covid-19 vaccination was held in Indonesia.
Starting from the first vaccine, the second vaccine, and the third vaccine or also known as
the booster vaccine and the fourth vaccine. Vaccination aims to strengthen the body's
resistance, reduce the risk of contracting Covid-19, reduce the morbidity and mortality rate,
and accelerate the end of the pandemic (Yuningsih, 2020).
Currently, more than 182 million doses of vaccine I or 87.80% of the total vaccine
target and more than 126 million doses of vaccine II or 60.58% of the total vaccine target
have been recorded. The central government, regional governments, BIN, TNI, Polri and
other institutions participated in efforts to accelerate the achievement of Covid-19
vaccination in each region.
Vaccination is the most effective effort in preventing infection with infectious
diseases. Vaccination is also one of the health quarantine measures. As referred to in Article
15 paragraph (2) of Law Number 6 of 2018 concerning Health Quarantine which reads:
1) Health Quarantine at the Entrance and in the area is carried out through disease
observation activities and Public Health Risk Factors for Transportation
Equipment, People, Goods, and/or Environments, as well as responses to Public
Health Emergencies in the form of Health Quarantine measures.
2) Health Quarantine measures as referred to in paragraph (1) are:
a. Quarantine, Isolation, vaccination or prophylactic, referral, disinfection,
and/or decontamination of people as indicated;
b. Large-Scale Social Restrictions;
c. Disinfection, decontamination, disinsection, and/or deratization of
Transportation Equipment and Goods; and/or
d. Nourishment, security, and control of environmental media.
3) The health, security, and control of environmental media as referred to in paragraph
(21 letter d are carried out in accordance with the provisions of laws and
regulations.
Vaccination is also an effort to overcome the outbreak as stated in Article 5 of Law
Number 4 of 1984 concerning Infectious Disease Outbreaks which reads:
1) Efforts to contain the outbreak include:
a. Epidemiological investigation;
b. Examination, treatment, treatment, and isolation of sufferers, including
quarantine measures;
c. Prevention and immunization;
d. Extermination of the cause of the disease;
e. Handling of remains due to the plague;
f. Counseling to the community;
g. Other countermeasures.
2) Efforts to overcome the outbreak as referred to in paragraph (1) are carried out
by taking into account environmental sustainability.
The implementation of the provisions of paragraphs (1) and (2) is regulated by a
Government Regulation.
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RESEARCH METHODS
The research method used in this study is a normative legal research method.
Normative legal research is legal research carried out by examining library materials or
secondary data (Soekanto, 2007).
According to Peter Mahmud Marzuki, normative legal research is a process to find
a rule of law, legal principles, and legal doctrines to answer the legal issues at hand
(Marzuki, 2010).
In this type of legal research, often the law is conceptualized as what is written in
legislation or the law is conceptualized as a rule or norm that is a benchmark for human
behavior that is considered appropriate (Asikin, 2004).
RESULTS AND DISCUSSION
1.1 The Impact of the Covid-19 Vaccine on the Human Body.
Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of
human life in the world, especially in Indonesia which has a very large area and a large
population (around 267 million people) with various professions.
The vaccination program began to be run by the government as an effort to break
the chain of spread of the Corona virus infection and suppress the number of COVID-19
cases which are still increasing. A vaccine is a substance or compound that serves to form
immunity to a disease.
The content of the vaccine can be bacteria or viruses that have been weakened or
turned off, it can also be part of the bacteria or viruses. The vaccine can be administered in
the form of injections, drinking drops, or through steam (aerosol). Vaccination is the
process of administering a vaccine into the body. If a person has received a vaccine for a
disease, his body can quickly form antibodies to fight germs or viruses that cause the
disease when he is exposed later.
Therefore, vaccination is important to do as a form of self-protection against
disease, especially during the COVID-19 pandemic (Kunarso & Sumaryanto, 2020).
Immunity or endurance is the body's protection system against disease attacks. In
addition to undergoing vaccination, adequate nutritional intake, adequate rest, regular
exercise, and relieve stress also need to be done to strengthen the body's immunity The
benefit of giving vaccines is to prevent the transmission of diseases, especially infectious
diseases, because vaccines make the body recognize bacteria or viruses that cause disease
so that it can more quickly provide resistance (Ayunda R, 2021).
After getting the vaccine, you can do a serological test to see if your body has
formed antibodies or immunity to the Corona virus. However, these antibody tests are not
required to be performed on the general population, but rather only for study participants
or specific groups.
The purpose of conducting a series of clinical trials in the manufacture of vaccines
is certainly to ensure the safety and effectiveness of vaccines before they are given to the
public. Because the COVID-19 vaccine is still very new, research and evaluation is still
being carried out to assess the body's response and possible side effects of the COVID19
vaccine in humans.
The results to be achieved by making and administering the COVID-19 vaccine
are a decrease in the number of positive cases and deaths due to COVID-19, as well as the
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formation of herd immunity. The government's efforts to maintain public safety and
maintain economic stability, in the spread of COVID-19 (Taun & Nugraha, 2020).
The economic and social impacts of this outbreak can also be minimized. So, what
does herd immunity have to do with vaccination. When a person gets the vaccine, his body
will form a specific immunity to diseases that can be prevented by the vaccine.
The immune system of this person's body will be ready to fight bacteria or viruses
that cause the incoming disease, so that no infection occurs. Even if an infection occurs,
the symptoms will be milder and the recovery is faster. Well, that way, automatically the
rate of disease transmission will also decrease.
Covid-19 cases that show safety as well as promising effectiveness in vaccine
clinical trials, many States have advocated vaccination programs for their citizens
(Nugroho & Hidayat, 2021).
So, the more people who receive the vaccine, the less the spread of the disease will
be. After vaccination, is it okay to ignore health protocols.
The presence of a vaccine does not mean that it can immediately eliminate COVID-
19. The potential for transmission of this disease remains, especially since vaccination in
Indonesia is carried out in stages. To achieve herd immunity against COVID-19 disease, it
is necessary that about 6080% of the entire population is immune to this disease.
This means that at least 165 million people in Indonesia must get a COVID-19
vaccination. This is one of the reasons why achieving the vaccination target in Indonesia
takes a long time.
Therefore, continue to comply with health protocols by applying physical
distancing, wearing a mask when outside the home, diligently washing hands, and always
maintaining endurance.
The types of Covid-19 vaccines used in Indonesia are:
1. Sinovac vaccine
2. Sinovac vaccine made by PT Bio Farma
3. Novavax vaccine
4. Vaksin Oxford-AstraZeneca
5. Pfizer-BioNTech vaccine
6. Vaksin Modern
7. Sinopharm vaccine.
The following are some of the criteria for recipients of the COVID-19 vaccine
(Masnun et al., 2021) :
1. Never been confirmed to have COVID-19 or have recovered from
COVID-19 for at least 3 months.
2. Normal body temperature, not more than 37.5oC.
3. Blood pressure below 180/110 mmHg during screening before
vaccination.
4. Not pregnant. Breastfeeding mothers are still allowed to get
vaccinated against COVID-19.
5. People with diabetes mellitus can be vaccinated as long as there are
no acute complications.
6. People with HIV can be vaccinated against COVID-19 if the CD4
number is more than 200.
7. Patients with pulmonary diseases, such as asthma, COPD, or
tuberculosis, can only be vaccinated if they have been controlled
through treatment (tb sufferers can be vaccinated after taking
antituberculosis drugs regularly for more than 2 weeks).
8. Have not experienced symptoms of ARI in the past 7 days and do not
have any specific medical conditions, such as allergies to vaccines
and autoimmune diseases, such as lupus, rheumatoid arthritis, or
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Sjogren's disease Cancer survivors can get vaccinated. However, if
you have a special condition or a history of severe illness, you should
first consult a doctor before undergoing vaccination. The
administration of the COVID-19 vaccine by the government will be
carried out in stages, because the supply of vaccines is not enough to
be given to everyone at the same time.
Ethical considerations and the impact of requiring COVID-19 vaccination are quite
complicated thoughts, especially in Indonesia. The public has varying degrees of trust in
COVID-19 vaccines, perhaps due to limited information regarding the type of vaccine, the
date of its availability, and its safety profile.
A survey conducted in Indonesia in September 2020 showed that only two-thirds
of respondents were willing to receive the COVID-19 vaccine. Currently, there are 53
COVID-19 vaccines that are in the human clinical trial stage, and 92 vaccines in the
preclinical trial stage.
Some countries have even started the vaccination process for their citizens, through
the issuance of Emergency Use Authorization (EUA) policies. However, there is
controversy about efforts to make the COVID-19 vaccine a mandate or obligation to the
wider community.
According to John Stuart Mill, mandates (restrictions on freedom of choice) by the
state can be justified if one risks harming others. Reducing the risk of harming others is the
basis of bioethical arguments in favor of COVID-19 vaccination as an obligation Over
time, the Covid-19 vaccine has also developed.
There are several side effects that you need to know are: dizziness, nausea, muscle
pain (myalgia), joint pain (arthralgia), pain at the injection site, fatigue, fever. However,
you don't need to worry because vaccine side effects are normal when the body builds up
the immune system.
This side effect is common, especially after getting the second dose of vaccine.
After getting the second vaccine, the body's condition can be considered prime and will
give a reaction. That's what causes side effects. Side effects can also be a sign that the
vaccine is actually working.
However, people are urged not to be afraid to get the Covid-19 vaccine In
December 2020, the Ministry of Health of the Republic of Indonesia (Kemenkes RI) issued
a decision on the distribution of the Sinovac (CoronaVac) vaccine immediately starting
with the first wave targeting priority groups, namely health workers, public officials, and
the elderly without charges.
This program is in accordance with who's decision regarding the allocation of
COVID-19 vaccines. For this reason, the main recommended effort to increase the
acceptance of the COVID-19 vaccine in Indonesia is to communicate true and accurate
information about vaccines, especially through social media as the most popular channel
for disseminating information.
Launching Best Life, there are only 2.1 cases of allergic reactions per 1 million
doses of Moderna and 6.2 cases of allergic reactions per 1 million Pfizers. Allergic
reactions can also be handled effectively by health workers. The vaccine aims to provide
immunity to individuals who get the vaccine.
The vaccine shot is expected to induce or stimulate the human body's cells.
Especially B cells to produce immunoglobulins. So that individuals have immunity to
SARS-CoV-2. If there is SARS-CoV-2 entering, it can be overcome with human immunity.
The goal is only to increase immunity. The potential for the virus still occurs so
that after the vaccine but follow health protocols. Thus the sick will decrease mortality
mortality also decreases. Then the pandemic is coming to an end.
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About the side effects that will be felt after being injected with the vaccine, namely
pain, fever, fever, dizziness and others, which can be seen quickly (about an hour after the
injection), moderate (the day after the injection) to slow (up to a week just felt).
Reporting from Tempo.co, it is known that the administration of vaccines,
including the Covid-19 vaccine, does cause lymphocytosis. However, the increase in
lymphocyte levels after vaccination is useful for forming antibodies that are actually useful
for preventing or reducing the severity of Covid-19 infection.
This was also confirmed by a clinical pathologist from Sebelas Maret University,
Tonang Dwi Ardiyanto, who stated that the dose of the Covid-19 vaccine had been
measured and did not cause a high spike in lymphocytes. Lymphocytosis is an increase in
the number of lymphocytes in the blood.
Absolute lymphocytosis is a condition in which there is an increase in the number
of lymphocytes exceeding the normal number (how far) while relative lymphocytosis
refers to a state in which the share of lymphocytes relative to the approximate white blood
cells is above the normal number.
Regarding the news that attaches that many medical personnel who have been
vaccinated have died, until now the truth of the news cannot be proven. So as an educated
society, you should not be consumed by news without clear evidence (Hoax).
1.2 Provisions for Punishment for Perpetrators of Empty Vaccinations Inserted into
the Body.
The occurrence of empty vaccine injection cases is an irony when thousands of
expired vaccines are found in various regions and many people are enthusiastic about
participating in the Covid-19 vaccination program, both primary and booster.
The occurrence of this case can give a bad image and add hoaxes around
vaccinations in the community. This will also hinder the acceleration of vaccination
achievements that are being carried out by the Government, where cases of empty vaccine
injections can cause concern for parents and schools.
Basically, the act of injection is the authority of a doctor or medical personnel. This
authority can be delegated delegatively (accompanied by the delegation of responsibility)
to the nursing staff. Covid-19 vaccination is one of the government programs that can be
delegated to nursing staff.
This is stated in Article 32 of Law Number 38 of 2014 concerning Nursing
(Nursing Law). Of course, medical personnel and nursing personnel in carrying out their
professional practice must be based on professional standards, service standards, SOPs,
laws and regulations and codes of ethics. Empty vaccine injections are definitely not up to
standard.
Article 14 of the Law on Plagues provides for criminal sanctions against a person
whose negligence results in obstruction of the implementation of outbreak management.
In addition, the injection of empty vaccines does not correspond to the agreement
made in advance with the client; harming clients who don't get the benefits of the vaccine;
and does not uphold the interests of humanity, so that it can be regarded as a violation of
professional ethics.
The provisions for punishment for perpetrators of empty vaccinations that are
inserted into the body can be seen from several rules, including:
1. Criminal Code (KUHP)
In the Criminal Code (KUHP) there are two reasons to punish something, including
for intentionality and negligence or negligence.
Intentional Factor (Dolus)
According to Memorie van Toelichting, the word "intentionally" (opzettlijk) which
is widely encountered in the articles of the Criminal Code is interpreted the same as willens
en wetens i.e. something that is desired and known . There are 3 (three) forms of
intentionality, namely: (Shofie, 2002)
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1. Intentionality As Intent (dolus directus). This pattern of intentionality is the
simplest, that is, the perpetrator's actions are indeed desired and he also wants or
imagines the consequences that are prohibited. If this desired or imagined
consequence would not exist, he would not have done so. Reviewed as a formal
deed this means that he has done the deed deliberately, while the deed is indeed
desired or referred to as such. Reviewed as a material matter this means that the
result of the death of another person is desirable or intended to occur.
2. Intentionality with Conscious Certainty of Shades. intentional consciously
certainty is based on the consequences. As a result, it can be a separate offense or
not. But in addition to those consequences there are other unintended
consequences that are bound to occur.
3. Intentionality with Conscious Possibility (Dolus Eventualis). This pattern of
conscious intentionality is sometimes referred to as "intentionality with
conditions" or dolus eventualis. The perpetrator does so by wanting a certain
effect-until here it is intentional as an intention-but in addition it is possible to
have other prohibited consequences that are not desired or imagined.
Negligence or Negligence Factor (Culpa)
In the opinion of experts this negligence is equated with negligence and lack of
caution. According to Wirjono Prodjodikoro culpa is defined as an error in general.
However, in legal science, it has a technical meaning, which is a kind of mistake
by the perpetrator of a criminal act that is not as severe as intentionality caused by lack of
caution so that unintentional consequences occur.
Culpa is distinguished by two, namely culpa levissima and culpa lata. Culpa
levissima, is a mild forgetfulness. While culpa lata is a heavy forgetfulness. According to
jurists culpa levissima is found in the type of crime, because of its mild nature.
However, it can also be found in violations from book III of the Criminal Code. On
the contrary there is a view that culpa levissima by the Act is not noticed so as not to be
criminally threatened. As for the culpa lata is seen as a crime because of negligence
(Chazawi, 2002).
Article 359 of the Criminal Code states that "Whoever by his negligence causes
the death of another person, shall be punished with imprisonment for not more than five
years or confinement for not more than one year".
Whereas Article 360 of the Criminal Code states that:
(1) "Whoever because of his negligence causes another person to be seriously
injured, shall be punished with imprisonment for not more than five years or
confinement for not more than one year".
(2) "Whoever by his negligence causes others such injuries that there arises from
illness or obstruction of carrying out the work of office or search for a certain
time, shall be punished with imprisonment for not more than nine months or
confinement for not more than six months or a fine of not more than three
hundred rupiah".
Based on the foregoing, it can be concluded that the perpetrator of an empty
vaccine injection case can be submitted to the court to account for his actions if his actions
have an element of negligence or negligence or there is no element of intentionality for his
actions, Although there is no intentionality of the perpetrator, it can still be qualified Article
359 or Article 360 of the Criminal Code if the perpetrator's actions contain elements of
negligence or negligence. (https://www.hukumonline.com/klinik/a/perawat-suntikvaksin-
kosong--begini-jerat-hukumnya-lt611ca4a239f2d. accessed 20 November 2022).
However, if the perpetrator has good faith, apologizes and promises not to repeat
his actions, he is subject to sanctions and minor crimes.
2. Law Number 4 of 1984 concerning Infectious Disease Outbreaks
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The explanation of Article 5 Paragraph (1) of Law Number 4 of 1984 concerning
Infectious Disease Outbreaks explains what is the purpose of overcoming outbreaks.
Efforts to overcome the outbreak have 2 (two) main objectives, namely:
Trying to reduce the mortality rate from the plague with treatment.
Limiting the transmission and spread of the disease so that sufferers do not
multiply, and the outbreak does not spread to other areas.
Efforts to overcome outbreaks in an outbreak area must be carried out by
considering the circumstances of the local community, including: religion, customs,
customs, level of education, socio-economic, and community development.
So it is hoped that efforts to overcome the outbreak will not experience obstacles
from the community, instead through intensive counseling and an educational persuasive
approach, it is hoped that the community will provide assistance, and participate actively.
In the Law of the Republic of Indonesia Number 4 of 1984 concerning Infectious
Disease Outbreaks Article 14, it confirms that;
(1) Whoever deliberately obstructs the implementation of the epidemic response
as stipulated in this Law, is threatened with imprisonment for a period of 1
(one) year and/or a fine of as high as Rp 1,000,000,- (one million rupiah).
(2) Whoever because of his negligence results in obstruction of the
implementation of the epidemic response as stipulated in this Law, is
threatened with imprisonment for a period of 6 (six) months and/or a fine as
high as Rp. 500,000,- (five hundred thousand rupiah).
(3) A criminal act as referred to in paragraph (1) is a crime and a criminal act as
referred to in paragraph (2) is an offense.
Based on the foregoing, it can be concluded that the perpetrator of an empty
vaccine injection case can be submitted to the court to account for his actions if his actions
do not have an element of negligence or negligence and intentional or planned acts to result
in obstruction of the implementation of the outbreak and disease management can be
threatened with criminal penalties of confinement and fines.
3. Law Number 8 of 1999 concerning Consumer Protection
Consumer protection law is a law that regulates the provision of protection to
consumers in order to meet their needs as consumers.
The consumer protection law also regulates the rights and obligations of
consumers, the rights and obligations of business actors, as well as ways to maintain these
rights and carry out these obligations (Sidabalok, 2006).
For this reason, Law Number 8 of 1999 concerning Consumer Protection regulates
the circulation of vaccines in Chapter IV of Law Number 8 of 1999 concerning Consumer
Protection regulated regarding actions that are prohibited for consumer actors, regarding
the circulation of vaccines regulated in Article 8 Paragraph (1) point a of Law Number 8
of 1999 concerning Consumer Protection.
Article 8 paragraph (1) point a reads as follows, "Business actors are prohibited
from producing and/or trading goods and/or services that do not meet or are not in
accordance with the required standards and provisions of laws and regulations".
4. Law Number 6 of 2018 concerning Health Quarantine
In Law number 6 of 2018 concerning health care, it talks about vaccineization
contained in article 15.
The criminal sanctions refer to Article 9 Jo Article 93 of Law Number 6 of 2018
concerning Health Quarantine. Article 9 paragraph (1) of the Health Quarantine Law states:
"Everyone must comply with the implementation of the Health Quarantine".
Article 93 of the Health Quarantine Law states:
"Any person who does not comply with the implementation of the Health
Quarantine as referred to in Article 9 paragraph (1) and/or obstructs the implementation
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of the Health Quarantine, thereby causing a Public Health Emergency shall be sentenced
to a maximum imprisonment of 1 (one) year and/or a maximum fine of Rp. 100,000,000.00
(one hundred million rupiah)".
Article 93 says that any person who does not comply with the implementation of
the Health Quarantine as referred to in Article 9 paragraph (1) and obstructs the
implementation of the Health Quarantine so as to cause a Public Health Emergency shall
be punished with a maximum imprisonment of 1 (one) year and/or a maximum fine of Rp.
100,000,000.00 (one hundred million rupiah).
CONCLUSION
Based on the explanation above, it can be concluded that vaccines are a form of
medical intervention to strengthen people's immunity in the midst of a pandemic. The
vaccination program must be followed by public awareness and discipline of health
protocols. Without discipline on health protocols, efforts to resolve the pandemic will be
difficult.
In addition, the perpetrator of an empty vaccine injection case can be submitted to
the court to be held accountable for his actions if his actions do not have an element of
negligence or negligence and intentional or planned acts to result in obstruction of the
implementation of the outbreak and disease response can be threatened with criminal
penalties of confinement and fines.
Suggestion
1) The government is obliged to socialize in the regions about the
vaccines used for vaccination activities. More Active if there are
reports from the public of cases about cases of injecting empty
vaccines.
2) The government is obliged to supervise the medical team that will
inject vaccines in various regions.
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