Judicial Review of Article 113 of Law No. 36 of 2009, Ruling in Case No. 19

Petitioner, a representative from a tobacco growing region of Indonesia, challenged the portions of the 2009 Health Law that deal with addictive substances, including tobacco products.  Petitioner alleged that the law caused financial losses and alleged violation of the constitutional rights of tobacco farmers, clove farmers, cigarette factory workers and other concerned parties.  The Court rejected the petition in its entirety, ruling that tobacco was addictive and properly included within the law.  They held that to treat it differently from other addictive substances would also result in impermissible legal uncertainty.  Furthermore, they rejected petitioners claims that the regulation of tobacco as an addictive substance violated the right to work by harming the tobacco production industry. The decision in this case is final; no further appeals are permitted.


Application for Judicial Review of Elucidation of Article 114 of Law No. 36 of 2009 About Health, Ruling in Case 19 - PUU-VIII/2010, Indonesia, 2011.

  • Indonesia
  • Nov 1, 2011
  • Constitutional Court of the Republic of Indonesia


Plaintiff Drs. H. M. Bambang Sukarno


Legislation Cited

Law No. 36 of 2009 Concerning Health

Constitution of the Republic Indonesia Year 1945

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product