RESEARCH
Inequality in the distribution of medical personnel is one of the significant challenges in
Indonesia. Many primary health facilities do not have doctors.73 With the high transmission
rate of the virus and its widespread transmission, the unequal distribution of medical and
health personnel is a big challenge in dealing with the virus.
Komnas HAM RI has also highlighted health services for people with disabilities. Two main
issues that became the concern of Komnas HAM RI were poor data collection on the
number of people with disabilities, and refusal of treatment for persons with disabilities
due to the absence of medical personnel to handle them.74 In its note, Komnas HAM RI
referred to Law Number 8 of 2016 on Persons with Disabilities, especially Article 20, which
regulates the rights of persons with disabilities in disaster conditions to get priority in the
rescue process and facilities. Besides, Komnas HAM RI also referred to Article 11 of the
International Convention on the Rights of Persons with Disabilities, which explains the
state’s obligation to take all necessary measures to ensure the protection and safety of
persons with disabilities in risky situations.75
Throughout 2020, there were 17 complaints regarding the right to health reported to
Komnas HAM RI by the public.76 Most of them were related to COVID-19. The three main
subjects of the reports were accessibility, availability, and quality of health services. The
complainants were from individuals, community groups, as well as indigenous people,
while the involved duty-bearers were the (regional) governments, health care centers, and
corporations. The data not only confirmed that the right to health was affected by the
COVID-19 pandemic, but also showed that the state was unprepared, and the health care
institutions were unprofessional.
Another challenge is the COVID-19 vaccination.77 To fulfill the citizens’ right to health, and
to ensure that no one is left behind, the COVID-19 vaccination must be available at no
cost.78 Vaccination is part of the state’s obligation to fulfill the right to life and the right to
health. There is an obstacle where some community groups declare their rejection for being
vaccinated, and the state is obliged to provide a complete and informative explanation
73
Direktorat Jenderal Bina Pembangunan Daerah Kementerian Dalam Negeri, “Pemenuhan SDM
Kesehatan di Fasilitas Pelayanan Kesehatan Daerah Terpencil, perbatasan dan Kepulauan dan daerah
Kurang Diminati”, accessed on 14 February 2021, http://bppsdmk.kemkes.go.id/pusdiksdmk/wpcontent/uploads/2019/11/PAPARAN-DIR-SDMK.pdf.
74
Ibid., Tata Kelola Penanggulangan COVID-19 dalam Perspektif HAM (n.6), 55-57.
75
Ibid., Tata Kelola Penanggulangan COVID-19 dalam Perspektif HAM (n.6), 57.
76
Based on public complaints filed to Komnas HAM RI throughout 2020, see: Ibid., Laporan Data
Pengaduan, (n.17).
77
“Vaksinasi COVID-19 Jadi Tantangan Besar, Ini Langkah Satgas”, Kompas.com, published on 15
January
2021,
https://nasional.kompas.com/read/2021/01/15/09383251/vaksinasi-covid-19-jaditantangan-besar-ini-langkah-satgas?page=all.
78
(1) “Jokowi: “Vaksin Corona untuk masyarakat Indonesia gratis”, Bbc.com, published on 16 December
2020, https://www.bbc.com/indonesia/indonesia-55329630; and External FGD of Komnas HAM RI (n.
18).
22