TOBACCO CONTROL LAWS

Judicial Review of Article 114 of Law No. 36 of 2009, Ruling in Case 43

A group of public health advocates, including Indonesian doctors and a student public health association, filed a petition to clarify the pack warnings provision of the Indonesian public health law - Article 114 of Law Number 36 Year 2009.  Petitioners sought to clarify the intent of the law which states that graphic warnings "may" accompany textual warnings required on tobacco packaging in contradiction to subsequent provision imposing penalties if tobacco product packaging does not include graphic health warnings.  The Court ruled that this matter already had been adjudicated, as it had held that graphic health warnings are required in a related case.

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Application for Judicial Review of Elucidation of Article 114 of Law No. 36 of 2009 About Health, Ruling in Case 43 - PUU-IX/2011, Indonesia, 2011.

  • Indonesia
  • Oct 18, 2011
  • Constitutional Court of the Republic of Indonesia

Parties

Plaintiff

  • Association of Public Health Student Senate
  • Dr. Muherman Aaron
  • Dr. Widyastuti Soerojo, M.Sc.

Defendant

Legislation Cited

Law No. 36 of 2009 Concerning Health

Related Documents

Constitutional Court Decision No. 43 - Bahasa

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.
Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

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)

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.

Type of Tobacco Product

None

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