Abstract :
COVID-19 pandemic has spread globally and has reached a dangerous point. COVID-19 pandemic
has even been declared a national health emergency in Indonesia. Various efforts have been made to
overcome the Covid-19 pandemic, one of which is vaccination. The COVID-19 vaccination aims to
establish herd immunity. Herd immunity requires about 70% of the population to be vaccinated.
However, the vaccination raises pros and cons in the community. There are even groups of people
who refuse to be vaccinated. This community group feels that mandatory vaccination violates human
rights and doubts about the quality of the vaccine. The Government has taken a policy to mandate
vaccination with administrative and criminal sanctions that are different from the approach of WHO
and other countries. This research is a normative study with a conceptual and a normative approach
analysis. Data uses secondary data from the literature, both legal and non-legal materials related to
covid vaccination. The results show that vaccination is a very important policy in COVID-19
countermeasures. Mandatory vaccination must be carried out to protect all citizens according to the
Indonesian constitution. Vaccination is also part of human rights that must be accommodated and
implemented. However, in its implementation, there are problems with doubts and rejection of the
vaccine. This obligation causes the restriction of several human rights.
However, refusal to vaccinate can violate human rights because it can harm other people
and the nation. Therefore, the provision of both administrative and criminal sanctions should be the
ultimum remedium. A persuasive and promotive approach and socialization should be the initial
approach. However, the regulation of vaccination obligations has shortcomings ranging from the
potential for errors in law-making procedures to the absence of an emergency regulation. This
regulation, in form of Government Regulation in lie of Law, specifically for COVID-19 pandemic is a
must-have due to an abnormal situation. And the obligation to vaccinate citizens also has implications
for the state to be obliged to carry out vaccinations. The Government is obliged to run a vaccination
program by ensuring the availability, access, acceptance, and quality of COVID-19 vaccination.