Judicial Review of Law No. 36 of 2009, Ruling in Case No. 24
Officials from a local Indonesian farming administration and their representative farmers challenged the constitutionality of Article 113 of Indonesia’s Health Law. The farmers claimed the law excluded any beneficial uses for tobacco and thus severely damaged their livelihoods as tobacco farmers. The court accepted the arguments and found that tobacco also has other beneficial uses despite its dangers to human health. The court granted the petition holding parts of Article 113 unconstitutional and suggesting a changing of the wording to embody the court’s ruling.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
Officials from a local Indonesian farming administration and their representative farmers challenged the constitutionality of Article 113 of Indonesia’s Health Law. The farmers claimed the law excluded any beneficial uses for tobacco and thus severely damaged their livelihoods as tobacco farmers. The court accepted the arguments and found that tobacco also has other beneficial uses despite its dangers to human health. The court granted the petition holding parts of Article 113 unconstitutional and suggesting a changing of the wording to embody the court’s ruling.