Strict Liability for the Product of COVID-19 Vaccine as a form of Human Rights Protection from the State to the Consumer

DOI

10.2991/assehr.k.211112.041How to use a DOI?

Keywords

Covid-19 Vaccine; Strict Liability; Human Rights; Law of the Republic of Indonesia Numb.8 of 1999 on Consumer Protection

Abstract

The government as the representative of the State must provide the highest standard of protection in the health sector as an effort to fulfill human rights as written in Article 28 H and Article 28 I of the 1945 Constitution of the Republic of Indonesia. In 2021, the Indonesian Government rolled out a mass Covid-19 Vaccination Program in an attempt to stop the spread of the virus and prevent the worst social and economic situation. This policy is considered to be quite good and responsive. But on the other hand, the Government needs to reconsider the rights of vaccine consumers based on the Law of the Republic of Indonesia Number 8 of 1999 on Consumer Protection (UUPK). Nowadays, the responsibility of business actors for a product still requires an element of error that causes detriment to consumers which is certainly unfair to consumers because the Covid-19 vaccine might be made without any element of error. So, in the current form of dependents, it is difficult for the public as consumers to demand accountability for the effects of the vaccine. Vaccine providers will refuse to be responsible for vaccine side effects on the pretext that there was no mistake in the manufacture of the vaccine. For this reason, it deemed necessary to implement strict liability on Covid-19 vaccine products as an effort to fulfill human rights in the public health sector. This study aims to examine the ratio legis and logical framework for the implementation of strict liability to protect human rights and protect consumers from the side effects of the Covid-19 vaccine. This research uses the normative legal research method. The result of this research requires the application of Strict Liability to protect consumers of Covid-19 vaccine products.

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  - Rizky Girsang
AU  - Chikita Marpaung
PY  - 2021
DA  - 2021/11/23
TI  - Strict Liability for the Product of COVID-19 Vaccine as a form of Human Rights Protection from the State to the Consumer
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 322
EP  - 329
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.041
DO  - 10.2991/assehr.k.211112.041
ID  - Girsang2021
ER  -