LANGUAGE
Last updated: September 17th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Ministry of Health, Food and Drugs Supervisory Agency
Fine, Jail, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Article 114 of the Health Law states that health warnings must be accompanied by pictures, and Art. 199 imposes penalties for failure to provide a health warning in picture form. These penalties are a maximum fine of 500 million rupiah and maximum imprisonment of 5 years.

PP 109 imposes administrative sanctions for violations of the health warning requirements, including oral and written warnings, product recall, and temporary suspension of activities. PP 109 also provides for the Agency Head to recommend that another agency take action.

The Health Law and PP 109 of 2012 provide for sanctions on manufacturers and importers only and not on wholesalers and retailers. To align with best practice, as reflected in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should set forth penalties for wholesalers and retailers and not just manufacturers and importers.

Importer

Ministry of Health, Food and Drugs Supervisory Agency
Fine, Jail, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Article 114 of the Health Law states that health warnings must be accompanied by pictures, and Art. 199 imposes penalties for failure to provide a health warning in picture form. These penalties are a maximum fine of 500 million rupiah and maximum imprisonment of 5 years.

PP 109 imposes administrative sanctions for violations of the health warning requirements, including oral and written warnings, product recall, and temporary suspension of activities. PP 109 also provides for the Agency Head to recommend that another agency take action.

The Health Law and PP 109 of 2012 provide for sanctions on manufacturers and importers only and not on wholesalers and retailers. To align with best practice, as reflected in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should set forth penalties for wholesalers and retailers and not just manufacturers and importers.

Wholesaler

n/a
None
Analysis

The law provides for sanctions on manufacturers and importers only and not on wholesalers and retailers.

To align with best practice, as set forth in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should also set forth penalties for wholesalers and retailers, not just manufacturers and importers.

Retailer

n/a
None
Analysis

The law provides for sanctions on manufacturers and importers only and not on wholesalers and retailers.

To align with best practice, as set forth in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should also set forth penalties for wholesalers and retailers and not just manufacturers and importers.