Applicant Attorney Judicial Act on Health In explaining his request repairs before the judges on Tuesday (23 / 8) in the plenary session of the Constitutional Court.

Warning of the dangers of cigarettes in the Health Law again held again in the trial in the Constitutional Court (MK), Tuesday (23/08/2011) morning. 43/PUU-IX/2011 with the agenda of the trial case examination carried out petition improvement by the Panel which consists of the chairman Muhammad Alim, was accompanied by Maria Farida Indrati and Harjono as a member.

Respond to repair requests, Plenary Chair Alim Muhammad told that the petition is filed, there are similarities with the application number 34 / PUU-IIX/2010. "Petition Number 43/PUU-IX/2011 begs you this is exactly the same as the Application Number 34/PUU-IIX/2010," Alim said.

History 34/PUU-IIX/2010 case numbers are also on the judicial Health Act, are now completed its audits and just waiting for the pronunciation of the verdict. According to Alim, you should check the pronunciation of cases awaiting decision 43/PUU-IX/2011 34/PUU-IX/2010 case. Therefore, the disputed matter 34/PUU-IX/2010 "interpretation addictive substances" on tobacco, which tested the same material, namely Article 114 of Law Health and explanation.

Meanwhile, the legal counsel of the Petitioners, Tubagus Haryo Karbianto, acknowledged the similarity test of the Health Law of the tested material with his client's request Nurtanto Wisnu Brata, Amin Subarkah, et al (case number 34/PUU-IX/2010). But he begged the Court to consider different points of view (angle) of the two applications. "We ask the applicant to continue considering its angle slightly different from Case No. 34 of 2010 yesterday," pleaded Tubagus.
 
As it is known, on Monday (7/18/2011), the Court held a trial of judicial review of Article 114 of Law No. 36 Year 2009 on Health presented by Widyastuti Soerojo and Muherman Harun, along with the Association of Public Health student senate Indonesia (ISMKMI). The petitioners consider the form of written hazard warnings printed on cigarette packs of cigarettes, is not effective.
 
Petitioner considers the explanation of Article 114 Health Law violated Article 199 paragraph (1) of the same. 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 many of Rp 500,000,000 (five hundred million rupiah). "
 
While the explanation of Article 114 of Law of Health 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 Health Law 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. (Nur Rosihin Ana/Yazid.tr)