Indonesia

COMMENTS: Law No. 40 of 1999 Concerning Press regulates all mass media press. Relevant to this website, the Law regulates advertising of tobacco products in the press.

COMMENTS: Government Regulation of the Republic of Indonesia No. 81 of 1999 was issued pursuant to Law No. 23 of 1992 Concerning Health. It regulates, among other things, packaging and labeling, public smoking, and advertising and promotion of smoked tobacco products. The Regulation was amended by Government Regulation No. 38 of 2000. Government Regulation No. 81 of 1999 was later replaced by Government Regulation No. 19 of 2003. However, Government Regulation No. 81 of 1999 remains in effect as long as it does not conflict with Government Regulation No. 19 of 2003.

COMMENTS: Government Regulation of the Republic of Indonesia No. 38 of 2000 amends Regulation No. 81 of 1999 and was issued pursuant to Law No. 23 of 1992 Concerning Health. This Regulation was later amended, and largely replaced, by Government Regulation No. 19 of 2003.

COMMENTS: Law No. 32 of 2002 Concerning Broadcasting regulates all broadcast media. Relevant to this website, the Law regulates advertising, promotion and sponsorship of smoked tobacco products on broadcast media. The English translation contains only relevant excerpts.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Government Regulation of the Republic of Indonesia No. 19 of 2003 Concerning Safety Measures for Smoking and Health was issued pursuant to Law No. 23 of 1992 Concerning Health and Law No. 32 of 2002 Concerning Broadcasting. It significantly amends Government Regulation No. 81 of 1999 and Government Regulation No. 38 of 2000, which were also issued under Law No. 23 of 1992 Concerning Health. The Regulation governs many aspects of tobacco control, including, but not limited to: packaging and labeling; advertising, promotion and sponsorship; restrictions on public smoking; and production and sale of smoked tobacco products. Government Regulation No. 19 of 2003 was replaced by Government Regulation No. 109 of 2012. However, Government Regulation No. 19 of 2003 remains in effect as long as it does not conflict with Government Regulation No. 109 of 2012.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Law No. 33 of 2009 Concerning Film regulates the film industry in Indonesia. Relevant to this website, the Law regulates the display or use of addictive substances in film.

COMMENTS: Law No. 36 of 2009 Concerning Health replaced Law No. 23 of 1992 Concerning Health. It regulates, among other things, public smoking and packaging and labeling, and authorizes the Ministry of Health to issue regulations pursuant to this Law. The English translation contains only relevant excerpts.

COMMENTS: The Joint Regulation Concerning Guidelines for the Implementation of No Smoking Areas was issued by the Ministry of Health (MOH) and the Ministry of Home Affairs (MOHA) on February 1, 2011. It gives guidance on the law that local governments must enact to implement smoke free areas.

COMMENTS: Government Regulation of the Republic of Indonesia No. 109 of 2012 Concerning Materials that Contain Addictive Substances in Tobacco Products in the Interests of Health was issued under Law No. 36 of 2009 Concerning Health. Some provisions entered into force immediately, including a ban on single stick sales of machine-manufactured white cigarettes. Provisions placing further restrictions on tobacco advertising, promotion and sponsorship entered into force on December 24, 2013. Provisions requiring pictorial health warnings entered into force in June 2014 (via Ministry of Health Decree No. 28 of 2013).

COMMENTS: Regulation of the Minister of Health No. 28 of 2013 Concerning Health Warnings and Health Information on Tobacco Product Packaging contains the implementing details for pictorial health warnings. The uploaded files include the Appendix to the Regulation. Regulation No. 28 of 2013 was subsequently amended by Regulation of the Minister of Health No. 56 of 2017.

COMMENTS: Food and Drugs Supervisory Agency Regulation No. 41 of 2013 Concerning Supervision of Tobacco Products in Distribution, the Inclusion of Health Warnings in Advertisements and Tobacco Product Packagings, and Promotions contains details on the monitoring and enforcement authority of the Food and Drugs Supervisory Agency under Government Regulation (PP) No. 109 of 2012.

COMMENTS: Ministry of Education and Culture Regulation No. 64 of 2015 Concerning Smoke-Free Areas in School Environments outlines steps schools are required to take to ensure they are smoke-free environments.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Regulation of the Minister of Health No. 56 of 2017 amends Regulation No. 28 of 2013 Concerning the Application of Health Warnings and Health Information to Tobacco Product Packaging. The new regulation amends some definitions of key terms and provides the next set of pictorial health warnings. All tobacco products must comply with the new requirements within 12 months of the date of enactment, meaning all products must display the new warnings as of January 11, 2019.

COMMENTS: Regulation of the Minister of Transportation No. 12 of 2019 on the Safety Protection of Riders of Motorcycles in Public Use prohibits smoking by drivers of motorbikes used for public transportation, among other safety measures.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Law No. 17 of 2023 Concerning Health replaced Law No. 36 of 2009 Concerning Health.  The English translation contains only relevant excerpts.  This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis.  We are providing it here for informational purposes only. An updated legal analysis is forthcoming.  

COMMENT: Government Regulation No. 28 of 2024 is the Implementing Regulations for Law No. 17 of 2023 Concerning Health.  The English translation contains only relevant excerpts.  Some provisions of the Implementing Regulations take effect two years after the enactment date.  These Implementing Regulations have not been reviewed by our legal staff and were not relied upon for the purposes of our analysis.  We are providing it here for informational purposes only.  An updated legal analysis is forthcoming.