Abstract
<table width="595" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p><em>This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially </em></p></td></tr></tbody></table>
Highlights
Since the stipulation of Coronavirus Disease (COVID-19) as a global pandemic by the World Health Organization (WHO) on March 11, 2020, various countries have acted through various policies to reduce the spread of COVID-19 effectively. 1 Some have succeeded in suppressing transmission rates and rising from adversity, and others are still struggling to suppress the spike in cases that have emerged until now.2Based on data from the COVID-19 Handling Task Force in Indonesia, as of February 14, 2021, 1,217,468 people were confirmed positive for COVID-19, 1,025,273 COVID-19 patients who had recovered, and 33,183 people died due to the Covid virus pandemic. -19
It should be noted that there is an exception to Article 56 paragraph (1) of the Health Law, namely that the right to accept or reject does not apply to people with diseases whose diseases can quickly spread to the broader community
The high level of community non-compliance with the application of health protocols is the basis for imposing criminal sanctions against those who refuse COVID-19 vaccination
Summary
Since the stipulation of Coronavirus Disease (COVID-19) as a global pandemic by the World Health Organization (WHO) on March 11, 2020, various countries have acted through various policies to reduce the spread of COVID-19 effectively. 1 Some have succeeded in suppressing transmission rates and rising from adversity, and others are still struggling to suppress the spike in cases that have emerged until now.2Based on data from the COVID-19 Handling Task Force in Indonesia, as of February 14, 2021, 1,217,468 people were confirmed positive for COVID-19, 1,025,273 COVID-19 patients who had recovered, and 33,183 people died due to the Covid virus pandemic. -19. The Indonesian Ulama Council (MUI) issued a fatwa for Muslim communities not to perform worship in mosques to reduce the number of the spread of the COVID-19 epidemic.. The Indonesian Ulama Council (MUI) issued a fatwa for Muslim communities not to perform worship in mosques to reduce the number of the spread of the COVID-19 epidemic.3 These efforts are not effective enough to reduce the spread of the COVID-19 virus in Indonesia due to the low level of public compliance. It is evidenced by the increasing number of positive cases of COVID-19 patients per day and the lack of discipline and public awareness in implementing health protocols.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
