Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine

In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the c...

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Autor principal:	Yazid Bustomi
Formato:	article
Lenguaje:	EN ID
Publicado:	Universitas Negeri Semarang 2021
Materias:	covid-19 vaccinination regulations health policy Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doi.org/10.15294/ulj.v7i1.44376 https://doaj.org/article/ad24b74f1a574b5eb322e5dae5d66bc5
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spelling	oai:doaj.org-article:ad24b74f1a574b5eb322e5dae5d66bc52021-12-05T04:56:40ZConflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccinehttps://doi.org/10.15294/ulj.v7i1.443762252-6536https://doaj.org/article/ad24b74f1a574b5eb322e5dae5d66bc52021-04-01T00:00:00Zhttps://journal.unnes.ac.id/sju/index.php/ulj/article/view/44376https://doaj.org/toc/2252-6536In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.Yazid BustomiUniversitas Negeri Semarangarticlecovid-19vaccininationregulationshealth policyLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENIDUnnes Law Journal, Vol 7, Iss 1, Pp 153-166 (2021)
institution	DOAJ
collection	DOAJ
language	EN ID
topic	covid-19 vaccinination regulations health policy Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	covid-19 vaccinination regulations health policy Law in general. Comparative and uniform law. Jurisprudence K1-7720 Yazid Bustomi Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
description	In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.
format	article
author	Yazid Bustomi
author_facet	Yazid Bustomi
author_sort	Yazid Bustomi
title	Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
title_short	Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
title_full	Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
title_fullStr	Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
title_full_unstemmed	Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
title_sort	conflict between health law and territorial quarantine law regarding the provision of covid-19 vaccine
publisher	Universitas Negeri Semarang
publishDate	2021
url	https://doi.org/10.15294/ulj.v7i1.44376 https://doaj.org/article/ad24b74f1a574b5eb322e5dae5d66bc5
work_keys_str_mv	AT yazidbustomi conflictbetweenhealthlawandterritorialquarantinelawregardingtheprovisionofcovid19vaccine
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Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine

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