Last updated: October 28, 2019
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
Article 114 of the Health Law states that health warnings must be accompanied by pictures, and Art. 199 imposes penalties for failure to provide a health warning in picture form. These penalties are a maximum fine of 500 million rupiah and maximum imprisonment of 5 years.
PP 109 imposes administrative sanctions for violations of the health warning requirements, including oral and written warnings, product recall, and temporary suspension of activities. PP 109 also provides for the Agency Head to recommend that another agency take action.
The Health Law and PP 109 of 2012 provide for sanctions on manufacturers and importers only and not on wholesalers and retailers. To align with best practice, as reflected in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should set forth penalties for wholesalers and retailers and not just manufacturers and importers.
Importer
(e.g., seizure of the product, publication of the violation/violator)
Article 114 of the Health Law states that health warnings must be accompanied by pictures, and Art. 199 imposes penalties for failure to provide a health warning in picture form. These penalties are a maximum fine of 500 million rupiah and maximum imprisonment of 5 years.
PP 109 imposes administrative sanctions for violations of the health warning requirements, including oral and written warnings, product recall, and temporary suspension of activities. PP 109 also provides for the Agency Head to recommend that another agency take action.
The Health Law and PP 109 of 2012 provide for sanctions on manufacturers and importers only and not on wholesalers and retailers. To align with best practice, as reflected in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should set forth penalties for wholesalers and retailers and not just manufacturers and importers.
Wholesaler
The law provides for sanctions on manufacturers and importers only and not on wholesalers and retailers.
To align with best practice, as set forth in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should also set forth penalties for wholesalers and retailers, not just manufacturers and importers.
Retailer
The law provides for sanctions on manufacturers and importers only and not on wholesalers and retailers.
To align with best practice, as set forth in FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should also set forth penalties for wholesalers and retailers and not just manufacturers and importers.
