TOBACCO CONTROL LAWS

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.

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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
View Case History

Parties

Plaintiff Drs. H. M. Bambang Sukarno

Defendant

Legislation Cited

Law No. 36 of 2009 Concerning Health

Constitution of the Republic Indonesia Year 1945

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
International Covenant on Economic, Social and Cultural Rights (ICESCR)

Related Documents

Constitutional Court Decision No. 19 - Indonesian

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
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.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
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.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to Work
A violation of the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Cultural Norms
A discussion on cultural attitudes around tobacco, specifically that tobacco use is an accepted part of the culture.

Type of Tobacco Product

None

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