Astro Alfa Liecharlie (Petitioner) at the ruling hearing for the judicial review of Law No. 17 of 2023 on Health, Friday (3/21/2025). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — On Friday, March 21, 2025, the Constitutional Court (MK) declared a material judicial review petition of Law No. 17 of 2023 on Health by Astro Alfa Liecharlie for case No. 179/PUU-XXII/2024 inadmissible. The Petitioner questioned the regulation on the production and distribution of tobacco products and electronic cigarettes in the Law, which he believed had put economy above public health.

“Verdict: [The Court] declares the Petitioner’ petition inadmissible,” said Chief Justice Suhartoyo delivering the verdict at the ruling alongside the other eight constitutional justices.

In the decision, the Court stated that the petition was dismissed because the reasons for the petition (posita) was not clear. Delivering the Court’s legal consideration, Constitutional Justice Daniel Yusmic P. Foekh stated that the Petitioner had not elaborated the basis for the review specifically, nor did he explain the contradiction between the norm under review and the 1945 Constitution.

To argue for the unconstitutionality of Articles 150 and 151 of Law No. 17 of 2023, the Petitioner had referred to Constitutional Court Decision No. 57/PUU-IX/2011 mandate special places for smoking. However, the Court argued, he did not provide any sufficient legal argument to change the Court’s stance in the previous decision. The Petitioner had also argued that Article 152 paragraph (2) of Law No. 17 of 2023 was ineffective in regulating the circulation of electronic cigarettes. The Court held that his argument was not backed up by relevant facts, theories, doctrines, or jurisprudence.

The Court also highlighted the Petitioner’s argument of Article 437 of Law No. 17 of 2023, which he had connected to criminal sanctions against the use of type I narcotics. The Court stated that this was irrelevant as he compared two different criminal offenses stipulated in different laws.

In his petitums, the Petitioners had interpreted the articles under review without a clear basis for his legal argumentation, so that it did not comply with Article 10 paragraph (2) letters a and b of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the procedure for judicial review. Thus, the Court concluded that there was a lack of clarity and discrepancy between the posita and the petitums, and declared the petition vague.

Based on the legal considerations, although the Court had the authority to hear the petition, but because the petition was unclear or vague, it did not further consider the Petitioner’ legal standing and the petition’s merit.

Also read:

Regulation of Electronic, Traditional Cigarettes in Health Law Challenged

Petitioner Seeks Ban of Vape and Tobacco Products

At the preliminary hearing on December 24, 2024, the Petitioner questioned the regulation on the production and distribution of tobacco products and electronic cigarettes in the Law, which he believes has put economy above public health. He expressed an understanding that the Health Law does not fully prohibit the production and distribution of tobacco products and/or electronic cigarettes due to considerations related to the economy and state finances. However, economic and financial interests should not come at the expense of public health, he argued. He also believes that current policy contradicts Article 28H paragraph (1) of the 1945 Constitution.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR               : Tiara Agustina
Translator     : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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