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Two doctors who focus on the dangers of tobacco in cigarettes, Widyastuti Soerojo and Muherman Harun, along with the Association of Public Health Student Senate of Indonesia (ISMKMI) filed a petition for judicial review of Article 114 of Act No 36/2009 on Health on Monday (18 / 7). Petitioner considers written warnings on cigarette packs ineffective.
Petitioner considers the explanation of Article 114 on Act of Health violated Article 199 paragraph (1). In Article 199 paragraph (1) stated, "Any person who intentionally produce or put cigarettes into the territory of the Unitary Republic of Indonesia does not include health warnings with pictures form referred to in Article 114 shall be punished imprisonment of 5 (five) years and a fine at most of Rp 500,000,000 (five hundred million dollars). "
While the explanation of Article 114 states, "The definition of 'health warnings' in writing that this provision is clear and easily legible and can be accompanied by pictures or other forms".
The existence of the word "may" in the explanation of the Act on Article 114 according to the Petitioner made the warning in Article 199 is not absolute. Thus, cigarette manufacturers can use the dangers of cigarette warnings in written form only without including pictures. In fact, according to Petitioner, the warning in the form of images more effectively and openly in conveying information about the dangers of smoking compared to only write the warning.
Mustakim, Petitioner's attorney said the supposed explanation of the health law section 114 reads, "The definition of 'health warnings' in writing that this provision is clear and easily legible and accompanied by pictures or other forms."
Panel consisting of Judge Mohammad Alim as chairman and was accompanied by Usman Anwar and Ahmad Fadlil Sumadi as members of the inaugural session of the delivery of advice to the Petitioner. Alim suggested that the applicant reiterated the terms of use phrases or words used in a more precise explanation of the Act of Health on Article 114. Meanwhile, Fadlil ask the petitioner to explain where the article being reviewed by petitioner or article which is contrary to the explanation of another article. (Yusti Nurul Agustin/mh/Yazid.tr)
Petitioner considers the explanation of Article 114 on Act of Health violated Article 199 paragraph (1). In Article 199 paragraph (1) stated, "Any person who intentionally produce or put cigarettes into the territory of the Unitary Republic of Indonesia does not include health warnings with pictures form referred to in Article 114 shall be punished imprisonment of 5 (five) years and a fine at most of Rp 500,000,000 (five hundred million dollars). "
While the explanation of Article 114 states, "The definition of 'health warnings' in writing that this provision is clear and easily legible and can be accompanied by pictures or other forms".
The existence of the word "may" in the explanation of the Act on Article 114 according to the Petitioner made the warning in Article 199 is not absolute. Thus, cigarette manufacturers can use the dangers of cigarette warnings in written form only without including pictures. In fact, according to Petitioner, the warning in the form of images more effectively and openly in conveying information about the dangers of smoking compared to only write the warning.
Mustakim, Petitioner's attorney said the supposed explanation of the health law section 114 reads, "The definition of 'health warnings' in writing that this provision is clear and easily legible and accompanied by pictures or other forms."
Panel consisting of Judge Mohammad Alim as chairman and was accompanied by Usman Anwar and Ahmad Fadlil Sumadi as members of the inaugural session of the delivery of advice to the Petitioner. Alim suggested that the applicant reiterated the terms of use phrases or words used in a more precise explanation of the Act of Health on Article 114. Meanwhile, Fadlil ask the petitioner to explain where the article being reviewed by petitioner or article which is contrary to the explanation of another article. (Yusti Nurul Agustin/mh/Yazid.tr)
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