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.
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.
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.
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.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
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.