Government Liability to Adverse Event Following COVID-19 Vaccine Immunization in Indonesia

The Right Form of Access to Justice?

DOI

10.2991/assehr.k.211112.031How to use a DOI?

Keywords

COVID-19; Vaccine Injury; No-Fault; Compensation; Indonesia

Abstract

The COVID-19 pandemic in Indonesia, which has been ongoing since March 2020, has had devastating consequences for economic, social and cultural aspects of the world. As an effort to overcome the pandemic, the Indonesian government has begun to promote the mass and mandatory administration of recently discovered COVID-19 vaccines. However, this government policy is still considered quite controversial with a large number of doubts from the public regarding COVID-19 vaccine safety. In regard to minimize doubts in the public, several regulations have been enacted such as Presidential Regulation Number 14 of 2021 and Regulation of the Minister of Health Number 10 of 2021, to which these regulations rule the government role and liability in handling AEFI that arise by the use of the COVID-19 Vaccine. These regulations established a system that resembled no-fault compensation scheme, a widely known scheme that has a purpose to give compensation for people who experience AEFI in the form of vaccine-related injury. Based on our research, it was found that the Indonesian scheme has the same essence as the common scheme. However, the current Indonesian scheme implementation has several elements that need to be improved regarding its problem of being governed under minister regulation, limited sources of funding, limited rules concerning elements of compensation, not-so-easy standard of proof, no guarantee to appeal, and restricted scope of vaccine eligibility.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Alexander Harryandi
AU  - I Made Diyosena Bratadana
AU  - Stanislaus Demokrasi Sandyawan
PY  - 2021
DA  - 2021/11/23
TI  - Government Liability to Adverse Event Following COVID-19 Vaccine Immunization in Indonesia
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 240
EP  - 252
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.031
DO  - 10.2991/assehr.k.211112.031
ID  - Harryandi2021
ER  -