By Stephanie Putri Hartono, LLM Graduate on the International Human Rights Law, Global Scientific Network on Law and Tobacco, University of Groningen, stephanieputrihartono yahoo.com

Coming from Indonesia, I have realized that tobacco consumption is deeply entrenched within society, culture and the economy. While the government has established Smoke-Free Zones as part of its public health efforts, this measure alone is insufficient in addressing broader tobacco control issues. This paper examines whether Indonesia's current approach meets its obligations under international human rights law related to the right to health as enshrined in the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC). On that matter, Indonesia is obligated to implement a comprehensive strategy regarding tobacco control.

Tobacco Production and Consumption in Indonesia

Indonesia is one of the largest tobacco producers in the world, with approximately 226.000 metric tons produced in 2022.

[1] Prior to October 2023, the State’s tobacco revenue exceeded 163,2 trillion rupiah.[2] At the same time, tobacco addiction affects one-third of Indonesia’s population.[3] Between 2009 to 2019, tobacco consumption increased from the third to the second highest risk factor influencing mortality in Indonesia.[4] The World Health Organization’s (WHO) data in 2020 estimated tobacco consumption to be the most significant cause of death in Indonesia. It is approximated that it causes around 225.700 deaths, or 15% of all deaths.[5] In 2021, more than 290,000 deaths were caused by tobacco use, with around 52,000 deaths associated with secondhand smoke exposure.[6]

International Human Rights Law and Tobacco

International Human Rights Law provides a framework for protecting and promoting the fundamental rights and freedoms of all individuals. One of the rights recognized is the right to health, as articulated in Article 12 of the ICESCR. Pursuant to Article 12, ICESCR recognizes the right to enjoy the highest attainable physical and mental health standards. Tobacco control falls within the scope of the right to health. Indonesia has ratified the ICESCR and has an obligation to fulfill rights enshrined within it.[7] This is articulated in  General Comment (GC) No. 14 of the Committee on Economic, Social, and Cultural Rights (CESCR), which recognizes the obligation of states to take measures that prevent the use of tobacco due to its harmful effects on health, including by adopting appropriate legislative measures.[8]

Tobacco control can also be understood through the lens of children's rights, as both the CRC and ICESCR emphasize the protection of health for vulnerable populations, including children.  States parties have the obligation to improve the environmental and industrial hygiene aspects pursuant to Art. 12(b) ICESCR, linked to Article 24(2c) CRC, including discouraging tobacco use.[9] The CRC, through GC No. 15, emphasizes the need to fulfill children's right to health by enforcing internationally agreed standards, including the FCTC.[10] Simultaneously, a lack of action from the State would be a failure to protect persons within their jurisdiction from the infringements of the right to health[11], including but not limited to the failure to protect persons from the health complications that arise from consuming tobacco. In addition, States also need to discourage people from tobacco consumption. Failing to protect people's right to health includes not only the health of tobacco users, but also people who are victims of secondhand smoke exposure. A violation occurs if the State fails to take necessary measures arising from legal obligations and to take all necessary steps to ensure the realization of the right to health.[12] Thus, Indonesia can be deemed to fail to fulfill its obligation to adopt appropriate legislative measures to lessen tobacco consumption if the legislation is not effective in realizing the right to health, for both smokers and the passive smokers.  

Despite international recognition of the importance of tobacco control in protecting public health, particularly the right to health, Indonesia’s failure to ratify the Framework Convention on Tobacco Control (FCTC) highlights a critical gap in aligning its policies with global standards and its obligations under the CRC and ICESCR. Both CESCR GC No. 14 and CRC GC No. 15 underscore the necessity of comprehensive tobacco control measures, including price measures, advertising bans, and regulation of packaging.[13] CESCR GC No. 24 further stresses the need for direct regulation and intervention by states to protect public health, particularly through tobacco control measures aligned with the FCTC.[14]

Tobacco Control in Indonesia

Indonesia is the only country in the Asia-Pacific that has not ratified the FCTC.[15] In one interview, Indonesian Former President Joko Widodo stated that Indonesia has its own approach regarding health and tobacco consumption, and there are millions of farmers and workers relying on the tobacco industries, thus, the FCTC is not needed.[16] While the government acknowledges the detrimental health effects of smoking, they claimed that the international community must also recognize that millions of farmers and workers in the cigarette industry in Indonesia depend on cigarette consumption for their livelihoods.[17] On the contrary, the FCTC, includes provisions and guidelines that encourage governments to support alternative livelihoods and avoid using economic dependency on tobacco as a justification for inaction on tobacco control.[18]

A strong and globally assured approach is crucial to curbing tobacco consumption and mitigating its severe health consequences for the population. This would require implementing a comprehensive framework of regulations. To ensure the public's right to health, Indonesia regulates tobacco consumption through the Health Act, amongst other regulations. The initial (2009) and new (2023) Health Act sets a list of smoke-free zones[19] and indicate that the local governments have to make an exhaustive list of the zones.[20] The newest Health Act incorporates a new provision under Art. 151(3) which requires workplaces, public places, and other designated locations to provide smoking areas.[21] Explained in Government Regulation No. 28/2024, the obligation to provide special smoking areas is excluded in places that have the potential to cause health and work safety hazards.[22] While this regulation may seem to provide a balanced approach, it raises concerns about its effectiveness in protecting public health. According to Article 8 of the FCTC, smoking areas do not align with global best practices in tobacco control, which emphasize the need for entirely smoke-free environments.[23] Case studies from countries with successful tobacco control measures show that designated smoking areas often fail to prevent exposure to second hand smoke, particularly in public spaces where people may inadvertently come into contact with smoke.[24] The creation of smoking areas can give the false impression of safety while allowing tobacco consumption to continue in a controlled space, undermining the overall goal of reducing tobacco-related harm. Therefore, while Indonesia’s approach may meet the letter of its regulations, it is inconsistent with the spirit of the FCTC and may not effectively protect public health.

Smoke-Free Zones measures are only effective with more comprehensive policies strategy and when its implemented strictly. Unfortunately, the Deputy Chairman of the Indonesian Child Protection Commission (KPAI) revealed that there are still many local governments that are not serious about implementing Smoke-Free Areas.[25] There are still a lot of public spaces or public facilities often visited by children that are not completely free from cigarette smoke which shows that local governments are not serious about providing public spaces that are free from cigarette smoke.[26]

In terms of tobacco accessibility, the Government Regulation prohibits the selling of tobacco products based on 6 criteria.[27] One of the criteria is the prohibition of selling tobacco products as a single cigarette. However, the number of street vendors that sell single cigarette at low prices is still very large and it would be impractical in the field to supervise and fully reinforce the regulation.[28]  It would require many monitoring resources not only within the big cities, but also in smaller remote regions, to be able to enforce regulations.

Furthermore, tobacco products also remain widely advertised, even on television and through sports sponsorships. The Government Regulation itself does not ban advertisement on tobacco products entirely.[29] Advertising tobacco products on commercial websites, electronic applications, stores, or outdoor spaces are allowed to some extent.[30] This is contrary to the FCTC that calls for a comprehensive ban on all forms of tobacco advertising, promotion, and sponsorship to reduce tobacco consumption and protect public health.[31]

Lastly, cigarette prices in Indonesia increased in 2025, hoping to control tobacco consumption with its affordability.[32] The Minister of Finance, Sri Mulyani, stated it is also to protect the labor-intensive tobacco industry and to optimize state revenues.[33] This statement pointed out the conflict of interest between the realization of rights to health, people’s livelihoods, and the state’s economy.

Conclusion

Indonesia's current tobacco control measures fall short of the comprehensive approach needed to fulfill its obligations under the ICESCR and CRC. By not ratifying the FCTC and failing to implement a full range of tobacco control policies, Indonesia is not meeting its international commitments to protect public health. A more robust strategy, aligned with global standards, is essential to reduce tobacco consumption and its devastating health impacts on the population. A more effective approach would involve a comprehensive set of policies, including more significant price increases on tobacco products, stricter regulation of points of sale, advertisement bans, and to strictly reinforce and implement it. Other innovations are also needed to reduce the high prevalence number of smokers.

[1] Hanadian Nurhayati, ‘Tobacco Industry in Indonesia-Statistics & Facts’ (Statista) <https://www.statista.com/topics/5728/tobacco-industry-in-indonesia/#topicOverview>  accessed 9 December 2023.

[2] ‘Hingga Akhir Oktober 2023, Pendapatan Negara Terjaga tetap Positif’ (Ministry of Finance of Indonesia Headline News) <https://www.kemenkeu.go.id/informasi-publik/publikasi/berita-utama/apbn-kita-nov-pendapatan> accessed 9 December 2023.

[3] Committee on Economic, Social and Cultural Rights, ‘Concluding Observations on the Initial Report of Indonesia’ (19 June 2014) E/C.12/IDN/ CO/1, para 35.

[4] ‘Indonesia Country Profile’, (Institute for Health Metrics and Evaluation) <https://www.healthdata.org/research-analysis/health-by-location/profiles/indonesia> accessed 19 December 2023.

[5] ‘Statement: World No Tobacco Day 2020’ (WHO, 2020) <https://www.who.int/indonesia/news/detail/30-05-2020-statement-world-no-tobacco-day-2020> accessed 14 December 2023.

[6] ‘The Toll of Tobacco in Indonesia’ (Campaign for Tobacco-Free Kids) <https://www.tobaccofreekids.org/problem/toll-global/asia/indonesia> accessed 11 December 2023.

[7] Indonesia ratified the ICESCR on 23 February 2006.

‘Status of Treaties of the International Covenant on Economic, Social and Cultural Rights’ (United Nations Treaty Collection) <https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en> accessed 10 December 2023.

[8] Committee on Economic, Social and Cultural Rights, ‘General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12)’ (11 August 2000) E/C.12/2000/4, para 33, para 15 and 51.

[9] Ibid, para 15.

UN Committee on the Rights of the Child (CRC), ‘General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (Art. 24); (17 April 2013) CRC/C/GC/15, para 49.

[10] Ibid, para 44.

[11] Ibid, para 62.

Committee on Economic, Social and Cultural Rights, ‘General Comment No. 14 (n ix) para 51.

[12] Ibid, para 49 and 52.

[13] Committee on Economic, Social and Cultural Rights, ‘General Comment No. 14 (n ix) para 36 and 51

[14] UN Committee on Economic, Social and Cultural Rights (CESCR), ‘General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities’ (10 August 2017) E/C.12/GC/24, para 19.

[15] ‘WHO Framework Convention on Tobacco Control Overview (WHO FCTC) <https://fctc.who.int/who-fctc/overview> accessed 9 December 2023.

[16] ‘Why Indonesia Doesn’t Ratify WHO’s Framework Convention on Tobacco Control’ Indonesia Investments (Indonesia, 15 June 2026) <https://www.indonesia-investments.com/news/todays-headlines/why-indonesia-doesn-t-ratify-who-s-framework-convention-on-tobacco-control/item6932> accessed 9 December 2023.

[17] Ibid

[18] WHO Framework Convention on Tobacco Control, (2003), 2302 UNTS 166, Art. 17.

[19] Health Act Number 17/2023 (translated into English)

Article 151 (1) “Non-smoking areas consist of:
a.       Healthcare Facilities;
b.       Places for teaching and learning;
c.        Places for children to play;
d.       Religious place;
e.       Public transportation;
f.         Workplaces;
g.       Public places and other designated places.”

[20] Ibid, Article 151(2).

[21] Ibid, Article 151(3).

[22] Article 443(4) Government Regulation Number 28/2024 (translated into English).

[23] WHO Framework Convention on Tobacco Control (xx) Article 8.

[24] ‘Best Practices in Implementation of Article 8 of the WHO FCTC Case Study: Seychelles’ (WHO FCTC,2013).

[25] Oktarina P Sandy & Nofanolo Zagoto, ‘Pemda Belum Serius Terapkan Kawasan Tanpa Rokok’ (Valid News.id, 16 December 2024) <https://validnews.id/nasional/pemda-belum-serius-terapkan-kawasan-tanpa-rokok> accessed 17 December 2024.

[26] Ibid.

[27] Government Regulation supra xxiii, Article 434.

(1) Every person is prohibited from selling tobacco products and electronic cigarettes:
a. using self-service machines;
b. to anyone under the age of 21 (twenty one) years and pregnant women;
c. in retail units per stick, except for tobacco products in the form of cigars and electronic cigarettes;
d. by placing tobacco products and electronic cigarettes in the area around the entrance and exit or in places that are frequently passed;
e. within a radius of 2OO (two hundred) meters from educational units and children's play areas; and
f. using the services of websites or commercial electronic applications and social media.

(2) The prohibition provisions as referred to in paragraph (1) letter f for commercial electronic website or application services are exempted if there is age verification.

[28] Budi Rahman Hakim, ‘Rokok Eceran Bisakah Dibatasi?’ (Rakyat Merdeka, 31 July 2024) <https://rm.id/baca-berita/vox-populi/229805/rokok-eceran-bisakah-dibatasi> accessed 17 December 2024.

[29] Government Regulation supra xxiii, Article 447-453.

[30] Ibid.

[31] WHO Framework Convention on Tobacco Control (xx) Article 13.

[32] ‘Siap-siap, Harga Rokok Naik per 1 Januari 2025, Ini Daftar Lengkapnya’ (CNN Indonesia, 16 December 2024) <https://www.cnnindonesia.com/ekonomi/20241216072417-92-1177697/siap-siap-harga-rokok-naik-per-1-januari-2025-ini-daftar-lengkapnya> accessed 17 December 2024.

[33] Ibid.