Summons regarding the Scarcity & Expensiveness of Oxygen and Medicine

OPEN SOMATION

Greetings Public Health Emergency!

We, the undersigned, hereby convey a summons to the recipients of the People's mandate as public administrators

1. President of the Republic of Indonesia, Mr. Ir. Joko Widodo
2. Minister of Trade of the Republic of Indonesia, Mr. Muhammad Lutfi
3. Indonesian Minister of Health, Mr Budi Gunadi Sadikin

This subpoena was issued because:

1. Scarcity of Oxygen cylinders
2. Oxygen Scarcity
3. Increase in prices of oxygen cylinders and supporting equipment

The reasons for the subpoena will be stated below.

1. The uncontrolled increase in the price of oxygen cylinders and the filling of oxygen cylinders which are really needed during the pandemic. Along with the soaring number of victims due to Covid-19, several irregularities in price increases and even shortages of several medical devices, one of which is oxygen, have been discovered. Based on alliance monitoring, during the last month the public has been worried about the increase in the price of oxygen and equipment by up to 200-300% on the market.
2. That inadequate hospital capacity forces Covid patients to undergo independent isolation at home. Even for those with comorbidities who comply with quarantine and isolation provisions as stated in the Ministry of Health Decree
   Number HK.01.07/MENKES/4641/2021 concerning Guidelines for Implementing Examination, Tracking, Quarantine and Isolation in the Context of Accelerating Prevention and Control of Coronavirus Disease 2019 (Covid-19), you are not allowed to undergo self-isolation and must be treated in hospital.
3. Independent isolation without equipment, especially for those with comorbidities, certainly increases the risk. LaporCovid-19 data shows that since June 18 July 2020 there have been at least 675 Covid patients who died while undergoing self-isolation.
4. The coalition also received complaints from Covid patients who died while looking for a hospital. He also died while sitting in a wheelchair queuing for a room at the hospital with oxygen saturation continuing to fall.
5. That the things mentioned above indicate failures and/or non-fulfillment of the Government's legal obligations, namely:
   

   I. Failure of Provision and Preparation Since Disaster Response

6. Article 44 of Law 24/2007 concerning Disaster Management requires the Government to carry out disaster management even in situations where there is a potential for disaster, including:
   a. preparedness;
   b. early warning; And
   c. disaster mitigation.
7. Preparedness in Article 45 (2) Law 24/2007 is carried out through:
   a. preparation and testing of disaster emergency management plans;
   b. organizing, installing, and testing early warning systems;
   c. provision and preparation of supplies to fulfill basic needs;
   d. organizing, counseling, training and rehearsal of emergency response mechanisms;
   e. preparation of evacuation locations;
   f. preparing accurate data, information and updating permanent procedures for disaster emergency response; And
   g. provision and preparation of materials, goods and equipment to fulfill the restoration of infrastructure and facilities.
8. The Covid 19 case was actually reported on December 31 2019 in Wuhan, first as a cluster of pneumonia cases, which then spread to other countries. In this case, Indonesia actually has several months because the Covid 19 case was first detected in December 2019. Based on the Disaster Management Law above, the preparation of hospitals, oxygen cylinders and oxygen should be carried out when disasters are still potential or at the preparedness stage.
9. However, before Covid 19 was detected, Indonesia did not take any significant action and even still had a program to attract tourists. On February 25 2020 the Government budgeted IDR 298.5 billion to attract foreign tourists. Consisting of allocations for airlines and (travel) agents given special discounts or some kind of incentives totaling IDR 98.5 billion. Then the promotional budget is IDR 103 billion and also for tourism activities IDR 25 billion and (media relations) and influencers IDR 72 billion.
   

   II. Failure to Meet Basic Needs During Emergency Response

10. Despite very slow timing, on April 13 2020 the President issued Presidential Decree 12/2020 establishing the status of a non-natural national disaster. This means that the entire territory of Indonesia is in a state of disaster and all the people
    Indonesia has rights as a person affected by a disaster.
11. Article 48 d of Law 24/2007 states that the implementation of disaster management during emergency response includes: meeting basic needs. Then Article 53 of Law 24/2007 regulates the fulfillment of basic needs including assistance in providing:
    a) clean water and sanitation needs;
    b) food;
    c) clothing;
    d) health services;
    e) psychosocial services; And
    f) shelter and shelter.
12. That oxygen cylinders, oxygen is the main need for respiratory-related diseases and it is the Government's obligation to provide it.
13. In the current context, this failure has fatal consequences in several conditions, at least dying while waiting for a room and dying because they don't get oxygen even though they are in the hospital.
    

    III. Failure to Fulfill Obligations to Control Prices

14. Law 7 of 2014 concerning Trade requires the Government and Regional Governments to control the availability of basic necessities and/or important goods throughout the territory of the Unitary State of the Republic of Indonesia in adequate quantities, good quality and at affordable prices.
15. Article 26 (1) of the Trade Law also imposes an obligation on the Government to guarantee the supply and price stabilization of basic necessities and important goods in certain conditions which may disrupt national trade activities. In fact, it is regulated in this Law that supply guarantees and price stabilization of basic necessities and important goods are carried out to maintain price affordability at the consumer level...
16. Basic necessities and important goods as intended in paragraph (1) are determined by Presidential Regulation. Until now there has been no meaningful action, one of which is by enacting a Presidential Regulation during Covid 19 to determine important goods which will have an impact on subsequent policies regarding the availability and price protection of these important goods.
17. The last Presidential Decree made by the President regarding the Determination and Storage of Basic Necessities and Important Goods is Presidential Decree 17/2015 which of course does not accommodate important items related to handling Covid 19.
18. Articles 95 and 93 of the Trade Law. The Government and Regional Governments must control the availability, price stabilization and distribution of basic necessities and/or important goods.
19. That in fact there are several things regulated in the Trade Law, one of which is that the Minister requests data and/or information from Business Actors regarding supplies of basic necessities and/or important goods.
20. Apart from that, the Government and Regional Governments can supervise business actors because Article 7a of Law 8/1999 concerning Consumer Protection places an obligation on business actors to have good faith in carrying out their business activities. Increasing prices threefold, especially in a pandemic situation that threatens human lives, is clearly not a good intention.

That the criminal act of taking a life is not only intentional but also negligence which causes death. It is clear that there are obligations that have not been carried out since before disasters and non-natural disasters occur in Indonesia, one of the consequences of which is loss
lives of the Indonesian people. People ask, what is the Government busy with? The people noted that the President and his subordinates were busy with the Omnibus Law on Job Creation from September 2019 to October 2020. The Omnibus Law on Job Creation itself was first initiated by Joko Widodo during his inauguration as President for period II in September 2019, when the pandemic had not yet occurred. This means that the President and his staff carry it out business as usual and prioritizing plans before the COVID 19 pandemic.

Based on the things above We ask the President, Minister of Trade and Minister of Health to immediately control prices, ensure the availability of oxygen and oxygen cylinders and ensure their distribution within 7 days (7×24 hours). If this time is not met, we will take legal and constitutional steps in accordance with the provisions of the applicable laws.

Indonesia, 25 July 2021

Who signed this open subpoena.

1. YLBHI
2. ICW
3. #CleanIndonesia
4. LBH Samarinda
5. LBH Manado
6. LBH Palembang
7. LBH Medan
8. LBH Pekanbaru
9. LBH Bali
10. LBH Palangka Raya
11. LBH Semarang
12. LBH Bandung
13. LBH Jakarta
14. LBH Surabaya
15. LBH Yogyakarta
16. LBH Makassar
17. LBH Padang
18. LBH Bandar Lampung
19. Sajogyo Institute
20. Greenpeace Indonesia
21. Enter Nusantara
22. Human Protection Foundation
Indonesia
23. PRT mesh
24. Indonesian Forum for the Environment
(WALHI)
25. Report Covid-19
26. LBH Community
27. Alliance of Independent Journalists (AJI)
28. FSBPI
29. Mahardhika woman
30. TEACH
31. RUMPUN Tjoet Njak Dien
32. IDEA (Indonesian Ideas and Analytics)
Yogyakarta
33. ContraS
34. Lokataru Foundation
35. UPC
36. STRAW Poor People's Network
Indonesia
37. JRMK Poor People's Network
City
38. IWE (Institute of Women
Empowerment)
39. Southeast Sulawesi Coastal Women's Network
40. Circle Indonesia
41. Generation Pamphlet
42. Indonesian Grassroots Forum
43. ASSOCIATION FOR DEMOCRATIC EDUCATION
44. Kalyanamitra.
45. PEKKA
46. ​​KSPPM (Community Initiative Study and Development Group)
47. Legal Aid Forum for Equality.
48. SWARA
49. Pelangi Dew Foundation (YEP Kepri)
50. Rifka Annisa Sakina Foundation
51. LBH Apik Jakarta
52. United Tamansari Forum (FTB, Bandung)
53. Service Procurement Forum
54. Rainbow Stream
55. BILiC
56. Local Initiative For OSH Network Indonesia
57. PPKNP (Parahiangan Drug Policy Care Association)
58. Monitor Covid Lampung
59. Centra Initiative
60. Impartial
61. Student Nation
62. JATAM East Kalimantan
63. UI Progressive Student Union
64. BEM Faculty of Animal Husbandry UNPAD
65. BEM PM Udayana University
66. BEM Alliance throughout Indonesia
67. Allocation of BEM throughout Semarang
68. BEM Se-Unnes
69. BEM Unsil
70. BEM STHI Jentera
71. BEM FISIP UNMUL
72. BEM FISIP UNSIL
73. Mobile People's Alliance
74. BEM Univ Alliance. Brawijaya
75. Siliwangi Student Movement
76. BEM ULM
77. LBH Malang post
78. Youth Study Group –
Samarinda
79. BEM KM Yarsi University
80. PUSaKO FH Unand
81. BEM UI
82. BEM Vocational UI
83. UNHAS LAW BEM
84. BEM FKB Telkom University
85. BEM FH UPNVJ
86. BEM IKM FKUI
87. Student Press Association
Indonesia (PPMI)
88. LBH Papua
89. Srikandi Lestari
90. KIKA
91. WALHI
92. WALHI West Java
93. Confederation of National Unions (KSN)
94. Working People's Party (PRP)
95. Advocate Study Circle
96. Bandung Women's Voices.
97. FSBKU
98. SAFETY
99. DROUPADI
100. F. SEBUMI
101. United Tamansari Forum (FTB)
102. Local Initiative For OSH Network – Indonesia
103. Cimahi Community
104. KRUHA
105. PPMI SPSI Bekasi Raya
106. West Java Paralegal
107. Indonesian Women's Coalition (KPI)

This press release can be downloaded via the following link.