The trial continued against reviewing of Act No. 36 of 2009 on Health was held back by the Constitutional Court (MK) on Tuesday (3/4) at the Plenary Court Room. Cases registered with the Court Clerk No. 24/PUU-X/2012 is filed by the administrator and / or branches of agricultural development institutions NU(LPPNU) environment of the Province of East Java, Central Java and NTB are concerned with the survival and welfare of the tobacco farmers and tobacco farmers themselves.

Improvement in the hearing request, chaired by Constitutional Justice Muhammad Alim, Petitioner  Andi Najmi Fuadi  describes as the attorney applicant has improved the petition judges recommended by the Constitution on the previous trial. Andi said the request to add a stone in the 1945 trials. "In addition, Article28D paragraph (1), we also added Article 1 paragraph (3) in the 1945 Constitution as a touchstone in this petition. We also made improvements formulation, "he explained.

In his petition, Petitioner argued that Article 113 paragraph (2) the law has provided the formula that tobacco has a negative connotation and is only detrimental to the public. This has the potential to be interpreted by certain parties as a prohibition to grow tobacco.

In addition, Article 113 paragraph (2) the law is discriminatory because it is explicitly mentioned as tobacco contains the addictive substance it is clearly detrimental, especially for tobacco farmers as they plant, cultivate and use of tobacco is only something that is considered detrimental to society. Therefore, Petitioner argues the formulation of Article 113 paragraph (2) the law creates uncertainty from the perspective of language and theological perspective that is contradictory to Article 28D paragraph (1) and Article 1 paragraph (3) of the 1945 Constitution. (Lulu Anjarsari / mh/Yazid.tr)