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Supreme Court Rejects Presidential Regulation on Unvaccinated Sanctions

Supreme Court
Supreme Court Rejects Presidential Regulation on Unvaccinated Sanctions

The Supreme Court has rejected the judicial review of mandatory COVID-19 vaccinations that were included in Presidential Regulation number 14 of 2021.

“The verdict is to reject the application for Material Test Rights,” said the excerpt of the verdict quoted from the Supreme Court Registrar’s website, Friday 7th January.

Case number: 48 P/HUM/2021 was tried by the chairman of the panel of judges, Supandi, with member judges Yodi Martono Wahyunadi and Is Sudaryono respectively. The object of the lawsuit in the application is article 13A paragraph (2), article 13A paragraph (4), and article 13B of Perpres 14/2021.

The Presidential Decree was signed by President Jokowi on 9th February 2021. The imposition of sanctions on people who refused to receive the COVID-19 vaccine is specifically contained in article 13A paragraph (4) of Presidential Regulation 14/2021.

Their article threatened one of three administrative sanctions against anyone who had been registered but refuses to join the vaccination program.

The first sanction was listed as a delay or postponement of the provision of social security or social assistance. The second was to be the delay or termination of government administrative services, and the third was to be a monetary fine.

Petitioner Saka Murti Dwi Sutrisna and others were represented by their legal counsel, Abdul Hamim Jauzie. It was assessed that the provisions stipulated in the decree were contrary to the procedures of the legislation as stipulated in law 12/2011.

The Presidential Regulation is also considered to not be in line with the spirit of guaranteeing human rights under law 36/2009 on health, law 4/1984 on infectious disease outbreaks, and law 11/2005 on the ratification of the international covenant on economic, social rights, and culture.

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