Criticism Mounts Over Indonesia's Tobacco and E-Cigarette Regulations

According to Kontan.Co.Id's report on September 28th, the draft of the Ministry of Health's Regulation on the Safety Management of Tobacco Products and E-Cigarettes (RPMK) in Indonesia continues to face criticism.

This policy is a follow-up measure to the "Law No. 17 of 2023" and the "Government Regulation No. 28 of 2024," but it is believed that during the drafting process, it did not fully involve all relevant departments and stakeholders.

Member of the ninth committee of the Indonesian parliament, Saleh Partaonan Daulay, expressed that while the parliament values health issues, they also do not want to overlook the interests of business and industry, as these areas are the responsibility of multiple departments including the Ministry of Trade, Ministry of Industry, and Ministry of Education, as schools are also affected. He questioned whether all relevant stakeholders were involved in the formulation of the RPMK, emphasizing that if they were not included, they may feel overlooked and potentially raise objections.

The chairman of the Indonesian Cigarette Manufacturers Association (Gaprindo), Benny Wachjudi, also expressed regret over this. He stated that as stakeholders in the industrial production sector, they were not invited to participate in the formulation of government regulations, and even in the final revision stage before the president's signing, several relevant departments did not sign. He added that the discussion should not only be based on health or industry perspectives, but must find a middle ground that can meet the needs of all parties.

Director of Public Relations and Service Bureau at the Ministry of Health, Siti Nadia Tarmizi, stated that they aim to control tobacco and other addictive substances, but will not prohibit people from smoking as it is a personal right.

One controversial clause in the RPMK pertains to packaging standardization. Article 5 of the draft stipulates that tobacco products must be packaged in Pantone 448 C color, and the branding, variety, and manufacturer information must be written in Indonesian.

Angga Handian Putra, a senior trade negotiation expert from the Ministry of Trade, stated that the Ministry of Health has not officially invited the Ministry of Trade to participate in the development of unified packaging policy. They found out about this proposal through the Ministry of Health's website, rather than through direct communication.

The Ministry of Commerce also warned that, in addition to challenges regarding brand trademarks, unified packaging policies may create trade barriers. Angga pointed out that scientific evidence should be provided to demonstrate that such policies can indeed improve public health and comply with the rules of the World Trade Organization (WTO). He urged the Ministry of Health to provide relevant scientific evidence and adhere to existing WTO regulations.