Judicial Review of Articles 113, 114 and 199 of Law No. 36 of 2009, Ruling in Case 34

Several petitioners who farmed tobacco or otherwise were employed by or represented the Indonesian domestic tobacco industry argued that provisions of the Health Law addressing tobacco products would cause a decrease in production which would infringe on their right to work.  Petitioners also challenged that tobacco was unfairly targeted as opposed to other "similar" addictive products, such as food, coffee or sports drinks.  The court examined the constitutional issue of "whether the obligation inclusion of health warnings on cigarettes is discriminatory, does not guarantee a decent living, and not provide a fair legal certainty." The Court found that the law was compatible with the petitioner's right to work, because they would still be able to continue their trade and that the right to health took priority over the other less definite constitutional rights asserted by petitioners. Upholding the graphical warning requirement, the Court stated that graphical warnings "will further ensure the fulfillment constitutional rights of citizens of Indonesia, especially the consumer and/ or potential consumers of cigarettes to obtain information about the dangers of smoking, as consumers and / or prospective customers." 


Application for Judicial Review of Elucidation of Article 114 of Law No. 36 of 2009 About Health, Ruling in Case 34 - PUU-VIII/2010, Indonesia, 2011

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



  • Abdul Aziz H. Hafidz SPD; Secretary of the Tobacco Growers Association (APTI), DPD Java East;
  • Ahmad Maftuh; Director, PR (Cigarette Company) Coffee Mathuk
  • Amin Subarkah; Chairman of the Indonesian Tobacco Farmers Association (APTI), DPD East Java
  • Arise; Farmers Tobacco;
  • Drs. Muslim Thalabudin KH.; Chairman of the Indonesian Tobacco Farmers Association (APTI), Sumenep;
  • H. Parmuji; Farmers Tobacco;
  • H. Supriyadi; Farmers Tobacco
  • Hanif; Farmer
  • Hodri; Director, PR (Cigarette Company) Diva Top Independent
  • Mashadi Waluyo; Director, PR (Cigarette Company) Sekar Melati TF
  • Moh. Tafri H; Occupation: Chairman of the Indonesian Tobacco Farmers Association (APTI), Pamekasan;
  • Salim; Farmers Tobacco / Head of the Village
  • Sosiowati; Director, PR (Cigarette Company) Daughter of Mountain
  • Suparno; Worker PT. Gudang Garam
  • Suryadi; Member of the SPSI / Carrier Tobacco Workers
  • Vishnu Nurtanto Brata, S.E.; Chairman of the Indonesian Tobacco Farmers Association (APTI), DPD Central Java


Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product