Rejection of Funeral for Covid-19 Patients: Indonesian Legal Perspective

Abstract

Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies of Covid-19 patients.Methodology The method used in this study is a normative juridical method using statutory, conceptual and case approaches.Results This study found that it is necessary to socialize, educate and communicate to the citizens that the Covid-19 bodies have gone through stages in accordance with medical protocol and WHO in the treatment/repatriation of bodies so that there should be no need for excessive fear while if residents refuse funerals Covid-19 patients' bodies there are sanctions including moral sanctions, fines and criminal confinement.Applications of this studyThis research can be used by academics and practitioners in health law, so that they can create an instrument to socialize the acceptance of Covid-19's bodies in the community.Novelty/ Originality of this study The bodies of Covid-19 patients have been carried out the repatriation (management) of the bodies in accordance with the standards of who's health protocol (World Health Organization), namely the bodies wrapped in three layers of shrouds and linen and two layers of body bags. then the body in Tayyamum using dust, the body and then placed into the coffin that was placed typical and has been sprayed disinfectant liquid, then the coffin closed tightly using silicone glue and then given nails on each side of the coffin.

Death and Grief in Indonesian Culture During the COVID-19 Pandemic

“…Under the medical protocol, the deceased body is covered with cloth and wrapped in a bag to prevent contamination, and then sealed into a waterproof and air-tight coffin to be buried. While the burial must be carried out immediately as mandated, with a maximum time span of 4 hours from the time of death, it must take place in a location far from residential areas and any water source, at least 50 meters from the place (Wiryani et al, 2020). This protocol may directly conflict with modified versions of various traditional burial processes, meaning that certain practices cannot be carried out because of medical considerations regarding public safety and the possibility of viral transmission (Nurhayati & Purnama, 2021).…”

“…This protocol may directly conflict with modified versions of various traditional burial processes, meaning that certain practices cannot be carried out because of medical considerations regarding public safety and the possibility of viral transmission (Nurhayati & Purnama, 2021). Furthermore, it is also stated that actions that are considered to hinder or contradict established policies regarding the handling and mitigation of infectious disease outbreaks are considered criminal and can be subject to punishment (Wiryani et al, 2020).…”

“…Another argument supporting the government's implemented medical protocol is the mode of virus transmission, which occurs from person to person through bodily fluids. This transmission method targets the respiratory system, leading to infections that can be fatal and result in death within a short period of time (Wiryani et al, 2020). It is crucial to note that the pandemic was very dangerous before a vaccine was successfully developed.…”

“…Based on this consideration, the government has implemented a specialised policy to prevent, control, and handle the spread of COVID-19 among both living and deceased individuals. This includes protocols for handling the bodies of those who have died due to COVID-19 and aftermath must follow the protocols established by the World Health Organization (WHO), including procedures related to funerals and prohibits any activities involving many people, such as collective prayers and so on (Wiryani et al, 2020). By implementing this measure, the risk of infection from the corpse will be reduced for the person handling it.…”

Covid-19 Challenges: Socio-Legal Issues Concerning the Patient Rights and Privacy During the Pandemic Era

“…Article 335 of the Criminal Code jo. Article 336 of the Criminal Code imperils imprisonment of up to 7 (seven) years (Wiryani et al, 2021). The police have implemented this plethora of provisions on several occurrences related to the forced repatriation of infected and deceased patients during the Covid-19 Pandemic.…”