Constitutional Court (MK) held a hearing on Broadcasting Act filed by Hilarion Haryoko , Sumiati , Normansyah et al , Wednesday ( 28/8 ) . At this meeting the applicant represented by legal counsel has been conveying the points of improvement petition.

Petitioner’s Attorney, Tubagus Haryo Karbianto deliver already incorporates the suggestions given by the panel of judges at a preliminary hearing on improving client application. “Changes in our application is a very significant change in our touchstone to test the use of Article 46 paragraph (3) letter c along the phrase ‘ that demonstrate a form of cigarettes ‘. The article questioned the touchstone of Article 28D paragraph (1) of the 1945 Constitution. While another test because once been tested in another case in 2009, and we get rid of our only focus for Section 28D (1) alone," said Tubagus.

Because changing the touchstone, then petition the petition was changed. Petitioner’s Attorney, Mustaqim delivered petition as follows. First, accept and grant the petition of the applicant in its entirety. Second , stating the substance of Article 46 paragraph ( 3 ) letter c Broadcasting Act throughout the phrase that demonstrate a form of cigarettes that are in the rule of law , promotion of smoking cigarettes that demonstrate elements contrary to Article 28D paragraph ( 1 ) of the Constitution of 1945 . Third , the substance expressed in Article 46 paragraph ( 3 ) letter c along the Broadcasting Act the phrase " who demonstrate a form of cigarettes " that are within the legal norms that demonstrate the promotion of cigarette smoking function does not have binding legal force . And the fourth, ordered the publication of this decision in the State Gazette of the Republic of Indonesia.

At the preliminary hearing if the applicant considers the continued promotion of cigarettes will encourage an increase in cigarette consumption among the public, especially children and students as novice smokers. Furthermore, the applicant considers there will be losses in the field of public health, public welfare, and lead to decline in quality of life for future generation. (Yusti Nurul Agustin / Persistent Priyambodo / mh)