Rapid Test Requirement for Prospective Passengers Sued to the Supreme Court

Last updated on May 17th, 2021 at 10:30 am

The requirement to conduct coronavirus (Covid-19) rapid test was sued to the Supreme Court (MA) on Thursday, June 25 because it is considered beneficial to the hospital.

The provision of the lawsuit being filed, that is the condition set out in the Circular of the Task Force for the Acceleration of Handling Covid-19 Number 7 of 2020 concerning Criteria and Conditions for People’s Travel, which was issued by the task force on June 6.

The plaintiff, Muhammad Sholeh, objected to the conditions for mandatory rapid tests for passengers who would travel by plane, train, or ship during the Covid-19 pandemic.

He considered the policy discriminatory and likely to harm potential passengers in public transportation.

The applicant questioned the basis of the rules for passengers required to have the results of a rapid test. While the rapid test is not a vaccine, but to find out someone has a virus or not. According to him, it could be that people with reactive results due to flu and others are not definitely affected by Covid-19.

For example when a passenger checks his body temperature at the airport or station and it turns out the result is above 38 degrees then that person may not travel. Though the result is non-reactive.

“The question that makes prospective passengers can travel is whether the results of rapid tests or body temperature tests?” said Sholeh.

He also considered the policy discriminatory because people who traveled using cars or private vehicles outside the city were not required to have a rapid test. This includes city bus passengers and out-of-town truck drivers. In fact, these people are also included in vulnerable groups exposed to Covid-19.

Then, Sholeh also questioned the results of the rapid test which only applied very short, namely three days, and the polymerase chain reaction (PCR) test that is valid for seven days. According to him, the results were no guarantee that people would not be exposed during the trip. In addition, Sholeh suspected that this policy would benefit the hospital.

What is the guarantee on the second day the passenger is not exposed to the coronavirus while traveling? It should be suspected that the validity period of the PCR test results and the short rapid test benefits the hospital. Because every day many tens of thousands of people travel and submit a rapid test, “said Sholeh.

In addition, he assessed that prospective public transportation passengers were disadvantaged because of the expensive rapid test. Because not all people who will travel are categorized as capable people.

“This rapid test is also expensive and very detrimental to passengers because not all passengers are rich,” he said.

Sholeh cited the cost of a rapid test for passengers from Surabaya who would board a ship to East Nusa Tenggara (NTT). The cost of a rapid test requires Rp 350,000. While the cost to board the ship only requires Rp 312,000.

He said the obligation of the rapid test was contrary to the Decree of the Minister of Health No. HK.01.07 / Menkes / 382/2020 concerning Health Protocol for Communities in Public Places and Facilities in the Framework of Prevention and Control of Covid-19.