ELUCIDATION
ON
GOVERNMENT REGULATION NO. 19/2003
CONCERNING
SECURITY OF CIGARETTES FOR HEALTH

GENERAL

The development of health as a national development effort is directed to create awareness, willingness and capability of living in healthy condition for every people so as to be capable of realizing the optimal degree of health.

In order to realize the optimal degree of health, medical efforts are executed by weans of, among others, security of additives regulated by Article 44 of Law No. 23/ 1992 on health.

Cigarette is an addict substance which can endanger health of individuals and society if it is used, because cigarette contains at least 4,000 (four thousand) chemical substances, such as addict nicotine and carsiogenic tar that cause diseases, like cancer, heart failure, impotence, enfisema, clonic bronchitis, and pregnancy disturbance.

In the framework of enhancing efforts to overcome the danger arising from smoking and ensuring more effective, efficient and integrated implementation, legislation in the form of a government regulation on security of cigarettes for health is needed for the purpose of:

Prevalence of active smokers increased rapidly in Indonesia in the last two decades. Data resulting from the National Health Survey 2001 show that some 54.5% (fifty four point five percent) of the male population and 1.2% (one point two percent) of the female population of the above ten year old in Indonesia are active smokers. Some 28.3% (twenty eight point three percent) of the smokers are of the low socio-economic class, and spend 15% - 16% (fifteen up to sixteen percent) of their monthly income for cigarettes.

The smoking habit costs 57,000 (fifty seven thousand) lives in Indonesia and 4,000,000 (four million) live! in the world per annum. In 2003, the mortality rate arising from consumption of cigarettes in the world is predicted to reach 10,000 (ten thousand) lives per annum, of which some 70% (seventeen percent) occur in developing countries, including Indonesia.

Security of cigarettes for health needs to be implemented by providing information on content of nicotine and tar in every cigarette, mentioning a warning in label, regulating production and the sale of cigarettes and advertisement and promotion of cigarettes. In addition, it is also necessary to stipulate no smoking area in public place, medical facilities, workplace and places specifically designated for the venue of teaching and learning, child activity arena, worship place and public transport.

In this government regulation, cigarettes only can be advertised and promoted by certain requirements.

Provisions on advertisement also must observe the provision in Article 46 paragraph (3) letter c of Law No. 32/2002 on broadcasting.

Public participation in a bid to secure cigarettes for health needs to be enhanced so that no smoking area is established in all places/facilities.

The fostering and supervision by the Minister of Health over security of cigarettes for health are implemented in all fields, through the provision of information, counseling and development of potential of people to adopt healthy behavior. Any violation of the provisions in this government regulation is liable to administrative sanction and criminal sanction in accordance with Law No. 23/1992 on health.

Security of cigarettes for health also needs integrated and inter-sectoral implementation. in relation thereto, legislation closely related to security of cigarettes, such as Law No. 1/1970 on occupational safety, Law No. 5/1984 on industrial affairs, Law No. 10/1995 on customs, Law No. 11/1995 on excise, Law No. 25/1997 on manpower, Law No. 8/1999 on consumer protection, Law No. 22/1999 on regional government and Law No. 32/2002 on broadcasting needs to be observed either.

ARTICLE BY ARTICLE

Article 1

Sufficiently clear

Article 2

Smoking is harmful to the health of the relevant smokers and surrounding people not smoking (passive smokers). Smokers have risk two - four times to be contaminated by coronary disease and higher risk to sudden death.

Passive smokers need to be protected because the risk of passive smokers to suffer cancer is 30% (thirty percent) higher than the smokers. Passive smokers also can suffer other illness,such as iskemic hearth failure attributable to cigarette smoke.

Article 3

Letter a

The maximum content of nicotine and tar in every cigarette needs to be informed. Nicotine can narrow artery, including coronary artery supplying oxygen to the heart. As a result of the narrowing artery, heart will work hard so as to need much more oxygen causing the flow of blood to be accelerated and trigger hypertension in the case of coronary artery being clogged, no oxygen flowing into heart muscle thus causing heart attack. Carsionogenic tar can cause cancer.

Letter b

Cigarettes to be distributed must meet the stipulated requirements for preventing dangerous impact on health.

Cigarette sellers need to be regulated thus they give no facilities for children to obtain cigarettes.

Letter c

Cigarette advertisement and promotion need to be regulated because they can drive up start-up smokers.

Letter d

In the framework of protecting the health of individuals and communities from the danger of smoking, the government takes repressive efforts by means of, among others, stipulating no smoking area.

Article 4

Paragraph (1)

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Paragraph (2)

The accredited laboratories as meant in this government regulation are laboratories already fulfilling the accreditation standards stipulated by the authorized institution.

Article 5

The obligation to provide information on the content of nicotine and tar in this provision is executed if the result of examination of nicotine and tar content has been obtained from the accredited laboratories as meant in Article 4 paragraph (2).

Article 6

Paragraph (1)

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Paragraph (2)

The information as meant in this provision is mentioned by:

Article 7

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Article 8

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Article 9

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Article 10

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Article 11

Paragraph (1)

The additives include flavor, aromatic essence, dyeing and medicines.

Paragraph (2)

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Article 12

The application of sciences and technology is expected to result in tobacco strain having low nicotine and tar so that the impact of risk to health is minimal.

Article 13

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Article 14

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Article 15

Paragraph (1)

The stipulation of location of vending machine needs to be considered so that the location is far from the coverage of children.

Paragraph (2)

The stipulation of certain places in this provision must observe the distance to no-smoking area.

Article 16

Paragraph (1)

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Paragraph (2)

The outdoor media includes billboard and electronic billboard outside the room.

Paragraph (3)

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Article 17

Letter a

It includes the display of screen offering cigarettes, opening cigarettes pack and inviting people to smoke.

Letter b

It includes smoking makes slim, add concentration and others contravening aspects of health.

Letter c

It includes the display of picture of cigarette pack partly or wholly, picture of cigarette, cigarette writing and picture of cigarette smoke.

Letter d

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Letter e

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Letter f

The norms in force in the society mean legal, religious, moral and politeness norms.

Article 18

Paragraph (1)

The mentioning of warning as meant in this provision should refer to the writing of the warning as meant in Article 8 paragraph (2). The duration of display of warning of danger of smoking in television broadcast must be able to open opportunity for people to read it properly. The warning of danger of smoking in radio broadcast must be disclosed with clear voice.

Paragraph (2)

The proportional size means that the size of column containing the warning of health is at least 15% (fifteen percent) of the total size, advertisement in the case of printed media and outdoor media, with the writing clear and easy to read by people.

Article 19

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Article 20

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Article 21

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Article 22

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Article 23

The special places means places provided for smokers, which are separated and not linking to no smoking room and must have air absorber.

Article 24

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Article 25

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Article 26

The public participation as meant in this provision is participation of communities, including producers or importers in a bid to realize no smoking area in public places, medical facilities, workplace and public transport.

Article 27

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Article 28

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Article 29

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Article 30

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Article 31

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Article 32

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Article 33

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Article 34

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Article 35

Paragraph (1)

The ministers concerned include the ministers in charge of agricultural, industrial and trading, customs and excise affairs.

Paragraph (2)

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Paragraph (3)

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Article 36

Paragraph (1)

Supervision by the Head of Food and Drug Supervisory Board is related to the truth of content of nicotine and tar, the display of warning of health in label and compliance in the implementation of cigarette advertisement and promotion.

Paragraph (2)

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Article 37

The provisions of laws in force mean the provisions of Law No. 23/1992 on health, Law No.8/1999 on consumer protection and Law No. 32/2002 or, broadcasting.

Article 38

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Article 39

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Article 40

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Article 41

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Article 42

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