Judicial Review of Law No. 36 of 2009, Ruling in Case No. 57

Petitioners, Indonesian smokers, challenged the constitutionality of Indonesia’s Health law that sought to restrict smoking in work and public places.  The law sought to create no smoking and designated smoking areas to combat the problem of second-hand smoke.  The petitioners specifically challenged the words “can” and “may” in relation to the establishment of designated smoking areas in Article 115 of the law.  The court granted the petitioners request and held that parts of Article 115 violated the constitution of Indonesia.  The court held these parts would no longer have legal force.