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Article 113 paragraph (1), (2), and (3), and Article 116 of the Act (Act) No. 36/2009 on Health in which a set of security constitutionality addictive substances tested in the Constitutional Court (MK) in the hearing improvement, Monday (30/7). The provision is assessed by the tobacco farmers as Petitioner could potentially lead to legal uncertainty.

 

 

 

In the repair request, legal counsel to the Petitioners Pradnanda Berbudy said, that the applicant had already improved his petition in accordance with the advice of constitutional judges in a preliminary trial, one of the Petitioners added touchstone of legal uncertainty that is related to Article 5 paragraph (2) of the 1945 Constitution. "In principle, the material is almost the same, just a few little extra," said Pradnanda constitution before the panel of judges, consisting of Moh. Mahfud MD, Akil Mochtar (chairman), and Muhammad Alim. In his claim or petition, the Petitioners ask that Article 113 paragraph (1), (2), and (3), and Article 116 of Law no. 36/2009 on Health violated Article 5, paragraph (2), Article 28C paragraph (1), Article 28D paragraph (1), and Article 28G Paragraph (1), and Article 31 paragraph (5) of the 1945 Constitution.

 

 

 

After listening to a number of improvements outlined by the attorney of the applicant, approve the constitutional judges of evidence proposed by the Petitioners. Furthermore, the applicant is required to wait for a call from the corresponding opening of the trial court again or not. "Overall, the improvements you've made. Therefore, you wait for a call from the Court, "said Akil, concluding the trial.

 

 

 

Testing is registered with the Health Act 66/PUU-X/2012 case number, and tested by the tobacco farmers Akhmad, Galih Prasongko Aji, and Suyanto of Kendal, Central Java, and Achmad Iteng Surow of Lumajang,East Java.

 

 

 

Stop the Draft Approval

 

Meanwhile in a press conference with reporters, the applicant said, forming the law in regulating addictive zak security did not seem to control tobacco and tobacco products for the creation of health and welfare. According to them, the legislator looks just like the tobacco control by reason of securing the tobacco, which then eliminates the clove products nationwide.

 

 

 

This, further to the Petitioners, it appears from the implementation of the provisions of Article No. 116. 36/2009 Health Act, which has born the Draft Government Regulation (RPP) on securing material containing zak addictive form of tobacco products for health.

 

 

 

"The material contained in the RPP are specifically set in the form of cigarette tobacco products containing addictive zak, while materials and other products containing addictive zak RPP is not set in," explained the applicant told reporters.

 

 

 

As a result, Pradnanda appealed to government to stop the process of RPP before theConstitutional Court's decision about testing this health law. "I urge the government to temporarily halt the process of this RPP. If the RPP is just waiting for the signature of the president, we urge the president to stop first. Never signature until there is final and binding decision (final and binding of MK)," explained Pradnanda.

 

 

 

Norms provisions contained in Article 113 Paragraph (1) of a quo said, "Securing the use of materials containing addictive substances directed so as not to disturb and endanger the health of individuals, families, communities and the environment."

 

 

 

And, subsection (2) states, "the addictive substance as referred to in paragraph (1) include tobacco, tobacco products containing, solid, liquid, and gas that is addictive, that its use could cause harm to themselves and / or surrounding community."

 

 

 

Paragraph (3) states, "Production, distribution, and use of materials containing addictive substances must meet the standards and / or requirements. Article 116 states, "Further provisions concerning the safeguarding of material containing addictive substances stipulated by Government Regulation." (Shohibul Umam / mh/Yazid.tr)

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