In the context of salus populis suprima lex, then people can use article 28 J of the 1945 Constitution which says that if you feel that health is a basic right then that human right is limited by law. The law was again lowered in government policy. Limited by law to protect the human rights of others, "said Mahfud in a webinar in Jakarta, Saturday (15/1/2021).
He explained that since the beginning, in cabinet meetings, the government always said that it used a more general argument. The government must take the necessary actions to save its people, salus populis suprima lex. This means that people's safety is the highest law.
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"So that's what is used," said Mahfud.
He said the government used the salus populis suprima lex in the context of the Covid-19 pandemic. The government wants to protect the wider community from the Covid-19 pandemic by requiring vaccinations.
He continued, referring to Law Number 4 of 1984 concerning the outbreak of Infectious Diseases, then the Territorial Quarantine Law, it was stated that vaccines were mandatory. Even the Criminal Law Law, Article 216 states that if the government determines policies, then officials such as doctors, police, and so on carry out their duties to carry out government policies in order to save the people from Covid-19, whoever opposes and rejects can be punished or convicted.
This can be done not because they do not want to be vaccinated, but because they refuse or prohibit or obstruct or obstruct state officials from carrying out their duties.
"You may feel that you don't want to be vaccinated, but if it violates other people's human rights, endangers other people's rights to be healthy, then the state can force it," Mahfud concluded.