State Legal Responsibility if A Legal Malpractice and Malpractice Actions by Medical Personnel in the Implementation of the National Covid-19 Vaccination Program in Indonesia

Abstract

This study aims to find out the State Legal responsibility if a Legal Malpractice and Malpractice actions by Medical personnel in the implementation of the National Novid-19 vaccination programs in Indonesia. This research uses post-positivism paradigm. The researcher here, is neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, but he wants to examine what really happened from things that seemed certain. Consequently, ontologically the post-positivism paradigm conceptualizes law as a set of rules that apply in society whose validity will be influenced by legal, economic, political, cultural, and social factors. and others.The results of the author's research, in fact, in Indonesia, there are still many of our people who generally do not understand the science of mukasyafah and the science of understanding the regulations and procedures for the Covid-19 and khabar sadiq vaccination process. So that in the vaccination process, people do not prepare themselves regarding health information or accompanying diseases to vaccinate. Until in the end, death fell for the community, after vaccination, although it was not the main reason vaccination could cause death, it seemed that the incident became a truth value. Then, it appears, in indrak al hawass , ta'aqqul and qalb , which guarantees compensation for victims of vaccination who died due to being affected by the national vaccination immunization to their heirs who must the state gave them.

Keywords: Criminal Sanctions, Vaccines, Covid-19, Medical Personnel, Vaccine Victims, AEFI, Constitutional Court and Supreme Court.

DOI: 10.7176/JLPG/112-16

Publication date:August 31^st 2021