Reportase.one – The government and DPR RI are currently working on the draft Omnibus Law on Health, a bill that is considered to be causing uproar for many parties involved in the national health industry.
The sap of loss must also be experienced by the Indonesian tobacco industry, through the Indonesian Tobacco Society Alliance (AMTI) which firmly rejects the existence of this bill.
Secretary General of AMTI Hananto Wibisiono believes that the current polemic cannot be separated from the substance of regulations that do not fully accommodate people’s rights to obtain quality, fair and non-discriminatory health services.
As one of the stakeholders in the tobacco sector who is also regulated in the Health Omnibus Law Bill, AMTI sees that the draft law is vulnerable to threatening the sustainability of the tobacco ecosystem. Specifically regarding the Regulation of Addictive Substances, in Part Twenty-fifth.
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“Since the beginning, the elements of the tobacco ecosystem as part of society have not had their voices accommodated in providing input regarding the Health Bill. This Health Bill was made excessively and discriminatively against upstream and downstream elements of the tobacco ecosystem,” said Hananto Wibisono, Secretary General of AMTI in a Media Discussion on Oversight of Excessive and Discriminatory Regulatory Drafts Against Tobacco Ecosystems quoted on Thursday (13/4/2023).
In substance, Article 154 concerning Regulation of Addictive Substances, according to Hananto, places tobacco in the same group as narcotics and psychotropics. In fact, in fact, tobacco as a national strategic commodity is a legal product that makes a significant contribution to state revenues.
“Tobacco, its products, workers’ activities, everything is legal. Tobacco has made a real contribution to the development of this country but in the Health Bill it is treated like a drug. This is injustice and discrimination. Our hope, the people’s representatives, the DPR RI, can help oversee the Health Bill in a truthful and fair manner, “said Hananto.
He continued, tobacco has long been a mainstay of society as a life support. There are 6 million workers, ranging from the plantation sector, manufacturing to creative industries that depend on the tobacco ecosystem.
“Again, in the process of formulating regulations, tobacco stakeholders have never been involved. Of course this situation hurts millions of people who depend on the tobacco ecosystem for their livelihoods,” said Hananto.
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From a legal point of view, Ali Rido, Lecturer in Law at Trisakti University, considers that article 154 regarding the Regulation of Additives in the Health Omnibus Law Bill should focus on regulating tobacco in its own domain.
“Regulation must be differentiated because the content of nicotine in tobacco is not the same as a drug addictive substance. I see this Health Bill pushing, paving the way for the gradual elimination of tobacco use,” he explained.
In fact, continued Ali Rido, that the Government’s Opinion in the Constitutional Court Decision No. 34/PUU-VIII/2010 emphasizes that the regulation of tobacco and products containing tobacco is aimed at securing consumption, not eliminating tobacco or products containing tobacco. “The law only does security and health protection, not prohibition,” he said.
He also emphasized that based on the Constitutional Court Decision No. 6/PUU-VII/2009, that the Government’s opinion is “Judging from the addictive side, nicotine (cigarettes) lies parallel to caffeine and is not on the same level as opium, cocaine, marijuana, hallucinogens, or various substances as addictive as hypnotics so that Regulations regarding smoking have never been equated with regulations regarding narcotics and illegal drugs. Coffee, tea and chocolate that contain caffeine are also addictive substances,” he concluded.