Plain Cigarette Packaging Draft Rule Deemed to Overlook Structural Impact
The draft Ministerial Regulation of the Ministry of Health regarding the standardisation of cigarette packaging is deemed to have failed to consider the structural impact on the national tobacco ecosystem. Constitutional Law Observer from UIN Sunan Kalijaga Yogyakarta, Gugun El Guyanie, noted a fundamental error in the drafting process of the regulation, which aims to standardise the font, shape, and colour of cigarette packaging to Pantone 4lag 448C.
“The main problem is the regulatory context. The health regime dominates, but leading sectors such as agriculture, industry, trade, labour, and excise have not been involved fairly and in a balanced manner. Moving forward, the impact on the tobacco ecosystem will be extraordinary,” Gugun stated in an official statement on Saturday.
He also highlighted that from a legal perspective, the elements of legal substance, legal structure, legal culture, and legal system within the draft regulation are overlapping. Policymakers are seen as failing to understand the specific conditions of regions that serve as tobacco hubs.
“The nation’s economic sustainability is at risk. Multiple sectors will suffer negative impacts. There are many small and medium-sized industries, including the hand-rolled clove cigarette segment, that are at risk of closing down. In terms of legal certainty, the enforcement creates a massive loophole, including the circulation of illegal cigarettes,” he emphasised.
The tobacco ecosystem, from upstream to downstream, currently supports approximately six million workers and contributes Rp217 trillion to state revenue. Gugun believes the Ministry of Health should comprehensively consider the long-term effects of this regulation on the economy, sovereignty, and national independence.
The General Chairman of the Association for the Development of Pesantren and Society, KH Sarmidi Husna, emphasised that policies regarding tobacco products cannot be viewed solely from a health perspective.
“All draft technical regulations derived from Government Regulation (PP) 28/2024 must be reviewed together because tobacco affects the livelihoods of many people, both directly and indirectly. Our concern is that this prohibition could create long-term negative effects that contradict higher-level legislation,” said Sarmidi.
He urged policymakers to review the draft regulation comprehensively, considering all aspects, including scientific evidence regarding its impact on the tobacco-producing community.
Sarmidi also warned that regulatory pressure in recent years has already caused a significant decrease in the workforce, and policies that do not consider the overall economic impact will increase the risk of mass layoffs.
Labour unions believe the policy could lead to economic consequences far greater than the benefits claimed by the government. As the July 2026 implementation deadline approaches, the Lentera Anak Foundation acknowledged the Ministry of Health’s commitment to finalising the draft regulation.
However, observers noted that behind the crackdown on millions of illegal cigarettes, thousands of workers are at risk of being unprotected from the impacts of unfair business competition. Monitoring shows that 18 universities, 13 research institutions, and 50 academics/researchers have voiced their concerns through the mass media, prioritising the economic narrative.
This forum also reminded the government of the potential shift towards illegal products that do not adhere to standards and do not contribute to state revenue.