Background: Immunization as a Child’s Right and
a State Obligation
Indonesia’s child immunization program is a national public health initiative led by the Ministry of Health to strengthen children’s immunity and protect future generations from infectious diseases. Children’s health rights align with the UN Convention on the Rights of the Child and Indonesia’s Human Rights Law, which assign responsibility to the state, local governments, communities, and families to protect children. However, implementation in the field is not always smooth. Health workers frequently face legal risks when adverse events following immunization occur or when conflicts arise with communities. This raises a key question: does the legal system provide adequate protection for health workers?
Methodology: Combining Legal Analysis and
Social Reality
The research applied a sociological legal approach by examining legislation and real-world implementation. The authors reviewed major legal frameworks, including:
- Indonesia’s new Criminal Code (Law No. 1 of 2023)
- Health Law No. 17 of 2023
- Human Rights Law No. 39 of 1999
- Minister of Health regulations on immunization and health workers
This approach allowed the researchers to assess whether legal rules are implemented consistently in practice.
Key Research Findings
Regulations Exist but Implementation Is
Inconsistent
Existing laws and Minister of Health
regulations can serve as legal guidelines. However, inconsistent interpretation
and enforcement by law authorities create uncertainty.
Health Workers Can Become Criminal Suspects
Health workers may be designated as suspects in immunization cases, but this should only occur when negligence and causality are proven. In practice, this process is not always applied consistently.
Low Public Legal Awareness
Public understanding of immunization laws remains limited. Sanctions for parents refusing immunization or facilities failing to implement programs are often poorly communicated.
Strong Legal Protection Is Needed
The study emphasizes that health workers need
legal certainty to perform humanitarian duties safely. Government intervention
should involve thorough analysis before imposing sanctions.
Implications for Policy and Society
For Government
- Harmonize health and criminal/civil regulations.
- Strengthen supervision and legal education.
- Improve public awareness of immunization laws.
For Health Workers
- Legal certainty increases workplace safety.
- Risk of criminalization can be minimized.
For Society
- Immunization programs become more effective.
- Children’s health protection improves.
The authors stress that immunization is a
humanitarian program, and legal sanctions should be the last resort after
comprehensive evaluation.
Author Profiles
Velisia Putri Natalie, S.H., M.H. Lecturer and researcher in health law, Universitas Kristen Indonesia.
Dr. Eddie Bachtiar Siagian, S.H., M.H. Criminal law academic, Universitas Kristen Indonesia.
Rospita Adelina Siregar, S.H., M.H. Civil and health law researcher, Universitas Kristen Indonesia.
Dr. Hulman Panjaitan, S.H., M.H. Expert in health law and public policy, Universitas Kristen Indonesia.
Source
Velisia Putri Natalie, Eddie Bachtiar Siagian,
Rospita Adelina Siregar, Hulman Panjaitan. Hulman Panjaitan. Legal
Certainty for Health Workers in the Implementation of Child Immunization
Programs Across All Regions of Indonesia. International Journal of Law Analytics (IJLA), Vol. 4 No. 1, pp. 1–16.. 2026
DOI: https://doi.org/10.59890/ijla.v4i1.130
URL: https://slamultitechpublisher.my.id/index.php/ijla
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