The Court granted the Provision of Specific Places for Smoking Area
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Ban smoking in certain places under the authority of the state in order to protect citizens from the dangers of secondhand smoke a threat and as efforts to improve community health status. Smoking is a legal activity, or at least not forbidden, so smoking is permitted by law act. Thus there is a antinomy interests between the smokers and the public environment. In that case the state must arrange for the majority of people are not harmed by the majority community in protecting the rights of others respectively. Arrangements must be in proportion to the interests of smokers and for people who do not smoke.

Article 115 paragraph (1) No. 36 of 2009 on Health Act and the explanation is to narrow the public space that is allowed to smoke by arranging "special places for smoking", among others, for the workplace, public places, and elsewhere. According to the Petitioners, the arrangement creates uncertainty and injustice of law as stipulated in Article 28D paragraph (1) of the 1945 Constitution because the provisions of the explanation is contained in the word "may" which means the government must also be held or not held a "special place to smoke" in workplaces, public places, and elsewhere.

Thus the Court’s opinion in the court pronounced the verdict on the case Number 57/PUU-IX/2011 of Law Number 36 Year 2009 on Health (Health Act) which was held at the Constitutional Court (MK) on Tuesday (04/17/2012) evening. Stated in the ruling of the Court to grant the entire request. "Passing, declared, granted the petition of the applicant for all," said Chairman of the Plenary Session of the Constitutional Court, Moh.Mahfud MD.

Further the Court in its decision stating the word "may" in the Explanation of Article 115 paragraph (1) contrary to the Health Act 1945 and have no binding legal force. Finally, the Court ordered the loading of this decision in the Official Gazette of the Republic of Indonesia.

Material testing Health Act was filed by three residents who claim to be smokers, namely Enryo Oktavian, Abhisam Demosa Makahekum and Irwan Sofyan. The Applicant testing out the word "may" in the Explanation of Article 115 paragraph (1) Health Act which states: "Especially for the workplace, public places and other places can provide a place for smoking". According to the Petitioners, the word "may" in the Elucidation of Article 115 paragraph (1) Health Law is contradictory to Article 28D paragraph (1), Article 28G Paragraph (1), and Article 28I paragraph (3) of the 1945 Constitution. (Rosihin Nur Ana / mh/Yazid.tr)


Wednesday, April 18, 2012 | 07:42 WIB 131