Subpoena on Minister of Health Regulation no. 19 of 2021

Dear.
Minister of Health of the Republic of Indonesia
Mr Budi Gunadi Sadikin
In place

Subject: OPEN SOMASI

Greetings Public Health Emergency!

We hereby report Covid-19, YLBHI, ICW, LBH Masyarakat, LBH Jakarta, Lokataru, Center for Constitutional Studies, Faculty of Law, Andalas University, Center for Human Rights Law Studies, Faculty of Law, Airlangga University, Legal Aid Forum for Equality (FBHUK) give a summons to the Minister of Health of the Republic of Indonesia to immediately revoke and/or annul the provisions in Article 1 number 5 of Minister of Health Regulation No. 19 of 2021 concerning the Second Amendment to Minister of Health Regulation Number 10 of 2021 concerning the Implementation of Vaccinations in the Context of the 2019 Corona Virus Disease (COVID-19) Pandemic, which regulates paid vaccines. The reasons for the summons will be stated below:

1. Whereas in number 5 of Article 1 of Minister of Health Regulation no. 19 of 2021, reads: Mutual Cooperation Vaccination is the implementation of COVID-19 vaccination to individuals/individuals whose funding is borne by the person concerned, or the implementation of COVID-19 vaccination to employees/employees, families or other related individuals in the family whose funding is borne or borne by legal entities/business entities;
2. Whereas during the COVID-19 pandemic, vaccines are one of the pandemic control interventions that play a major role in saving human lives, however, when the availability of COVID-19 vaccines is still limited, COVID-19 vaccines are a public good, so it is unethical if the government issues a policy on obtaining vaccines using independent or paid methods;
3. That the current availability of vaccines still has not reached the entire target set by the government, namely 208,265,720 residents (source: official IG of the Ministry of Health_RI).

Contrary to the Laws and Regulations above, it is an obligation
Fulfilling Citizens' Right to Health

1. That since the discovery of the first case of COVID-19 in Indonesia at the beginning of March 2020, data from the Ministry of Health shows that up to 27 July 2021 the total number of positive patients reached 3,239,936, the total number of recoveries was 2,596,820, the total number of deaths was 86,835. With active cases of 556,281 people (Source: IG kemenkes_ri)
2. The government is targeting 208,265,720 people to be vaccinated over a period of approximately one year.
3. That since the start of the vaccine program in Indonesia in early 2021, which began with the injection of the vaccine to President Jokowi on January 13 2021, until July 27 2021, only 45,278,549 (21.74%) people had received dose 1 of the vaccine, and 18,666,343 people had received dose 2 of the vaccine (8.96%). (Source: IG kemenkes_ri)
4. That the President of the Republic of Indonesia, Mr. Ir. Joko Widodo has made a firm statement that Covid-19 vaccination for all citizens can be obtained free of charge. The President has also given instructions to speed up the implementation of vaccines, with a target of 2 million vaccines administered per day.
5. Contrary to the 1945 Constitution of the Republic of Indonesia, namely:
   1. Article 28 H paragraph (1): Every person has the right to live in physical and spiritual prosperity,
      live, and get a living environment
      good and healthy and have the right to receive health services
   2. Article 28I paragraph (4): Protection, promotion, enforcement and fulfillment
      Human rights are the responsibility of the state, especially the government.
6. Contrary to Law no. 36 of 2009 concerning Health:
   1. Article 4: Everyone has the right to Health
   2. Article 5 paragraph (1): Everyone has the same rights in obtaining
      access to resources in the Health sector
   3. Article 5 paragraph (2): Everyone has the right to obtain services
      Safe, quality and affordable healthcare.
7. That there are still many citizens who fall into the vulnerable category and have not yet had access to vaccines. That, there are more than 20% of health workers in Papua province, more than 15% in Maluku province, and other provinces who have not received the vaccine (Source: WHO Situation Report 21 July 2021)
8. That the Ministry of Health should coordinate with the Ministry of Home Affairs, the Ministry of Bappenas, and other relevant Ministries to obtain solutions to the problem of population administration provisions which often become obstacles in gaining access to vaccines.

Contrary to the Laws and Regulations above, it is an obligation
Protecting Citizens' Right to Health

1. That referring to Law no. 36 of 2009 concerning Health Article 14 paragraph (1): The government is responsible for planning, organizing, organizing, developing and supervising the implementation of health efforts
   that is equitable and affordable to the community
   Article 16: The government is responsible for providing resources in the health sector that are fair and equitable for the entire community to obtain the highest level of health

   Article 19: The government is responsible for the availability of all forms of quality, safe, efficient and affordable health measures.

   Article 62 paragraph (1): Health improvement is any form of effort made by the Government, regional government, and/or the community to optimize health through counseling activities, dissemination of information, or other activities to support the achievement of a healthy life

   Article 62 paragraph (2): Disease prevention is all forms of efforts made by the Government, regional governments, and/or the community to avoid or reduce risks, problems, and negative impacts due to disease.

2. Whereas in terms of human rights obligations, after the first group of vaccines for essential groups has been completed, then citizens who are categorized as vulnerable groups (health workers, those with comorbidities, the elderly, indigenous women, inmates, rural and border communities, the urban poor, disabled groups) must be given attention and given an affirmative program to receive the vaccine.

That this provision is also contrary to General Principles of Good Government namely the Principle of Legal Certainty and the Principle of Decent Expectations, where the President of the Republic of Indonesia has made an open statement that Vaccines will
is free for all Indonesian people.

Paid vaccines add to the economic burden on society

1. That the Covid-19 pandemic is causing serious medical problems as well as having a significant impact on the economic needs of society. When people have difficulty meeting their economic needs but are burdened
   with the paid vaccine policy practically draining people's finances;
2. On the other hand, people who want to access the current vaccine have a conflict with their time for work. In this situation, people prioritize fulfilling their basic needs. Meanwhile, there is no scheme to provide compensation to people who want to get the vaccine during work time at all. This condition prevents people from getting vaccines, so that the implementation of a paid vaccine policy becomes a factor preventing people from getting vaccines;
3. Currently, several places require that those who receive the vaccine show work information from the workplace. This policy is difficult to obtain for informal sector workers or casual/daily workers who do not have clear legal employment status. In the context of the current vaccine policy, namely the mutual cooperation vaccine, the difficulties faced by informal/casual and daily sector workers will cause delays in participating in the mutual cooperation vaccination program. This delay risks facing or encouraging compliance with the paid vaccine program policy. Even though paid vaccines pose a serious financial burden and it is not easy to pay for vaccines at a time when basic needs are increasingly scarce and difficult;
4. That the current vaccination program has been responded to by several companies who have initiated regulations that include requirements for having participated in the vaccine program to apply for work. In the midst of the problems and challenges of getting access to mutual cooperation vaccines, in the context of paid vaccines, of course the requirement to have taken the vaccine is not the right solution for those applying for jobs. Because the aim of applying for a job is to hope to work and get paid. Meanwhile, being unemployed due to no income/wages makes it difficult to get paid vaccines.

That during the public health emergency due to the COVID-19 pandemic, the Government should focus more on allocating funds and resources to improve the administration of vaccine implementation for all Indonesian people, rather than dividing its resources to prepare paid vaccines.

In our opinion, it is not enough to simply convey the cancellation of the paid vaccine provisions verbally, because as a legal country, the cancellation of legal provisions must be carried out by issuing regulations of the same level, in order to guarantee legal certainty. So, although we welcome the President's statement regarding the cancellation of paid vaccines, considering the inconsistencies that we have recorded so far, the Minister of Health Regulation in question must be immediately revoked.

Based on the matters above, we ask the Minister of Health to immediately issue a Minister of Health Regulation to revoke the provisions of article 1 point 5 of Minister of Health Regulation no. 19 of 2021 concerning the Second Amendment to Regulation of the Minister of Health Number 10 of 2021 concerning the Implementation of Vaccinations in the Context of Combating the Corona Virus Disease 2019 (COVID-19) Pandemic 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.

Best regards,
Report Covid-19, YLBHI, ICW, LBH Masyarakat, LBH Jakarta, Lokataru, Central
Constitutional Studies, Faculty of Law, Andalas University, Center for Human Rights Law Studies
Airlangga University Faculty of Law, Legal Aid Forum for
Equality (FBHUK)

This press release can be downloaded via the following link