Press Release: Lawsuit against Indonesian Minister of Health and President of Republic of Indonesia regarding Covid19 Vaccination
Jakarta, Tuesday, 15 March 2022. The Plaintiffs represented by the Legal Team from VST & Partners Law Office (https://vstlawfirm.com/) registered a Lawsuit for Unlawful Actions by the Minister of Health and the President of the Republic of Indonesia at the Jakarta Administrative Court about the Covid19 vaccine policies. Plaintiff I Ted Hilbert is a foreign national (Luxembourg) with permanent residency in Indonesia and Plaintiff II Fatoni Rahman is an Indonesian citizen.
As for the basis of the lawsuit, namely the actions taken by the government by mandating vaccination for all residents in the country by executive order, the policy is contrary to Law Number 30 of 2014 concerning Government Administration (State Gazette of the Republic of Indonesia of 2014 Number 292, Supplement to the Gazette of the Republic of Indonesia Year 2014 Number 292, Supplementary Gazette Republic of Indonesia Number 5601) (hereinafter referred to as Law 30/2014), Law Number 36 Year 2009 concerning Health (State Gazette of the Republic of Indonesia Year 2009 Number 144, Supplement to the State Gazette of the Republic of Indonesia Number 5063) (hereinafter referred to as Law 36/2009) , Law Number 6 of 2018 concerning Health Quarantine, State Gazette of the Republic of Indonesia of 2018 Number 128, Supplement to the State Gazette of the Republic of Indonesia Number 6236) (hereinafter referred to as Law 6/2018), Law Number 39 of 1999 concerning Human Rights (Gazette State of the Republic of Indonesia of 1999 Number 165, Supplement to the State Gazette of the Republic of Indonesia N number 3886) (hereinafter referred to as Law 39/1999).
The reasons for the plaintiffs to file this lawsuit are as follows:
1. The Plaintiffs are Residents in Indonesia who are affected by the Government policy during the Covid19 Pandemic, especially related to the vaccine mandate as a requirement to get government administration services and enter public spaces or public transportation as well as facing fines for not being vaccinated.
2. The Plaintiffs are not refusing Covid19 vaccination without valid reasons or “anti-vaccine”. This case is about the right to obtain full, balanced and responsible information about health as guaranteed in Article 7 of Law Number 36 of 2009 concerning Health (Hereinafter referred to as Law 36/2009) and Informed Consent. In addition, the Plaintiffs are also entitled to obtain SAFE, QUALITY and affordable health services as guaranteed in Article 5 paragraph (2) of Law 36/2009 and lastly, the Plaintiffs have the right to INDEPENDENTLY and RESPONSIBLE DETERMINE THE HEALTH SERVICES NEEDED for themselves as per article 5 paragraph (3) of Law 36/2009. As per the law and the basic principle of Informed Consent in medicine, the Plaintiffs have the right to request and obtain clear and accountable information and data regarding the risks and benefits as well as the effectiveness of vaccines so that the Plaintiffs can independently and responsibly decide about Covid19 vaccination.
3. To determine the effectiveness and safety of vaccines, the Plaintiffs conducted independent research from many global government sources including the Indonesian government and peer reviewed studies from reputable international journals. The following are the results of the analysis which is part of the lawsuit materials:
4. Based on the results of the research conducted, the Plaintiffs reached the conclusion that the risks of Covid19 vaccination outweigh the benefits for themselves and most other people, while acknowledging that there may be a benefit for specific groups of people. Most importantly, vaccination does not prevent transmission of Covid19, as admitted by the Ministry of Health, making vaccination clearly a matter of individual health decisions, not public health, and cannot be mandated through government policies. All global data and studies demonstrate that Covid19 vaccines do not prevent infection and transmission. By following the narrative and data from the Indonesian government that vaccines only prevent serious illness and death (which the Plaintiffs also object to based on data), not affecting any other person, refusing vaccination has to be considered in the same category as smoking, drinking alcohol or eating an unhealthy diet: a personal choice. There is no law or regulation prohibiting smoking, even though it is proven to be deadly, so why would there be any reason to mandate a highly questionable and experimental vaccine which only maybe provides some health benefit to some individuals while also having many risks and no proven long term safety?
As a consequence, the Plaintiffs filed an Administrative Objection to the Minister of Health as Defendant I demanding that all Covid19 vaccine mandates be stopped, which was received in full by the Ministry of Health on January 31, 2022 and rejected without plausible or legitimate grounds. After that, an Administrative Appeal was filed to the President as Defendant II which was received in full through the State Secretary on 22 February 2022 and also rejected without plausible or legitimate grounds.
5. Before the administrative objections to the government and subsequent lawsuit filing, the Plaintiffs have made various attempts to obtain information and data from the government since September 2021 without any result. Due to the failure of the Ministry of Health to comply with the Freedom of Information Law (UU KIP), a complaint was filed by the Plaintiffs to Ombudsman RI and even an official request from Ombudsman RI to the Ministry of Health to provide the information and data was formally refused. Another official request to BPOM (Indonesian FDA) for the risk-benefit analysis data of Covid19 vaccines was officially denied citing intellectual property rights of the vaccine manufacturer as well as the potential misuse of the information. In summary, every request for data about vaccine safety and effectiveness was either ignored or formally denied, in a blatant violation of freedom of information laws as well as informed consent principle and laws.
No government has the right to mandate the injection of experimental substances into the body of its people, this has already been confirmed by the US Supreme Court and several other high profile cases, for example the New Zeeland High Court has declared the mandatory vaccination for Police officers illegal. In addition to this, the Austrian government has declared their own vaccine mandate as a violation of basic rights which cannot be justified due to the relatively harmless nature of Covid19 and retracted its vaccine mandates.
Plaintiff’s Press Contact:
Ted Hilbert WhatsApp +6281294055112, firstname.lastname@example.org
Contact VST Lawfirm WhatsApp +6281212117270
Website VST Lawfirm: https://vstlawfirm.com
(Plaintiffs Ted Hilbert & Fatoni Rahman together with some of the lawyers from VST Lawfirm in front of Jakarta Administrative Court holding the receipt of the lawsuit)
(Plaintiffs Ted Hilbert & Fatoni Rachman in front of the Jakarta Administrative Court)
(Screenshot of official Jakarta Administrative Court Website showing the lawsuit; sipp.ptun-jakarta.go.id)