TOBACCO CONTROL LAWS

Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66

Petitioners, Indonesian tobacco farmers and workers in the tobacco industry, filed a constitutional challenge to Indonesia’s Health Law that regulated the use of tobacco.  After establishing the right of the petitioners to challenge the law, the court looked at previous challenges to the same law.  The court decided that petitioners’ challenge was close enough to previous, already decided challenges, to preclude this case and rejected the petition.

Nomor 66/PUU-X/2012

  • Indonesia
  • Sep 5, 2012
  • Indonesia Constitutional Court
View Case History Download Document

Parties

Plaintiff

  • Akhmad
  • Drs. Itang Achmed Surowi
  • Galih Aji Prasongko
  • Suyato

Defendant Republic of Indonesia

Legislation Cited

Law No. 36 of 2009 Concerning Health

Related Documents

None

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Alternative Activities
Measures involving economically viable alternatives for tobacco workers, growers, and individual sellers. (See FCTC Art. 17)
Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)

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 Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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