Safeguards for Addictive Substances

On July 26, 2024, the Government of the Republic of Indonesia issued Government Regulation No. 28 of 2024 (“GR 28/2024“), which serves as an implementing regulation for Law No. 17 of 2023 on Health (the “Health Law”). GR 28/2024 encompasses a broad scope of provisions concerning the implementation of the stipulations in the Health Law.

Due to the extensive range of provisions covered under GR 28/2024, this Newsflash will discuss solely on the safeguards for addictive substances.

The lack of law enforcement and implemented regulation on safeguarding addictive substances may disturb and endanger the health of individuals, families, society, and the environment.  Therefore, one of the main purposes of GR 28/2024 is to implement Article 152(1) and (2) of the Health Law, which revolves in the safeguards for addictive substances. GR 28/2024 mandates that the production, distribution, and use of addictive substances shall be directed accordingly.

We set out the key points under GR 28/2024 relating to the safeguards for addictive substances.

Scope of Addictive Substances

Under GR 28/2024, the scope of addictive substances encompasses both tobacco and non-tobacco products. This includes cigarettes or other addictive substances that may cause harm to the individual users and/or the communities and may be in a solid, liquid, and gas form. These products include:

  • Tobacco Products in the form of (i) cigarette, (ii) cigar, (iii) leaf cigarette, (iv) sliced tobacco, (v) solid and liquid tobacco, and (iv) other tobacco processing products, such as electronic cigarette.
  • Non-tobacco Products, such as electronic cigarette containing nicotine and/or other materials not deriving from the processing of tobacco but possess the same or similar nature.

Key Provisions in Producing, Importing, Distributing, and Selling Addictive Substances

In relation to the production, import, distribution, and sale of addictive substances, GR 28/2024 stipulates that any person, including corporation who intends to do such actions must comply with several provisions. These provisions include, for example:

Compulsory Non-Smoking Area

GR 28/2024 stipulates that regional governments are obliged to determine and implement non-smoking areas within their respective region. In this case, non-smoking areas consist of (i) healthcare facilities, (ii) educational places, (iii) children’s playground, (iv) worship places, (v) public transportation, (vi) workplace, as well as (vii) public places and other designated places.

Note that the central government would conduct supervision towards the compliance in the implementation of non-smoking areas through the Health Information System that is integrated with the National Health Information System.

Supervision of Advertisement related to Addictive Substances

GR 28/2024 also introduces supervision towards advertisement related to Addictive Substances, specifically for tobacco products and electronic cigarettes. The supervision will be carried out by different government institutions depending on the type of advertisement as follows:

Restrictions and Sanctions

GR 28/2024 restricts certain parties to conduct the following actions related to Addictive Substances:

  • Sponsorship by producer or importer of tobacco products and electronic cigarettes to an institutional and/or individual activity must not promote, use trademark and logos, or provide free, discounted, or prizes of tobacco products and electronic cigarettes, or other related products.
  • The restrictions for sponsorship above apply to a corporate social responsibility (CSR) event with additional restrictions, that it shall not be covered and published by the media and include persons under 21 years old.
  • Restriction to show in printed media, broadcast media, and digital media related to commercial activities, advertisements, or influence people to smoke.
  • Restriction to give tobacco products, electronic cigarettes, and/or identical goods free of charge to children, teenagers, and pregnant women.
  • Restriction to instruct or order anyone under 21 years old to sell, buy, or consume tobacco products and electronic cigarettes.

Non-compliance with the restrictions above may be subject to administrative sanctions in the form of (i) verbal warning, (ii) written warning, (iii) temporary suspension of activities; and/or (iv) termination of access to electronic information and/or electronic documents.

The abovementioned administrative sanctions may be imposed by MOH, relevant ministers/heads of institutions, and Regional Governments in accordance with their authority.

Counselling Services and Pharmacology Intervention

Under GR 28/2024, the central and regional governments must provide counseling services and pharmacology intervention for quitting smoking at healthcare facilities, which may be done through telehealth and telemedicine.

AKSET

Please contact Adhitya Ramadhan (aramadhan@aksetlaw.com), Andi Manggoana Wira Tenri (atenri@aksetlaw.com), or Justin Amadeus (jamadeus@aksetlaw.com) for further information.

 

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