UNS Study Highlights Importance of Synchronising Derivative Regulations
The implementation of Law No. 17 of 2023 on Health and Government Regulation (PP) No. 28 of 2024 has once again drawn scrutiny from academics. The regulations governing the control of addictive substances in tobacco products are considered potentially ambiguous in their delegation mandate, thereby creating legal uncertainty for the tobacco industry ecosystem.
The head of the Centre for Constitutional and Human Rights Research and Development (P3KHAM) at Universitas Sebelas Maret (UNS), Airlangga Surya Nagara, stressed the need for constitutional balance in formulating tobacco policy. He argued that health protection must still take into account economic sustainability and the livelihoods of communities dependent on the tobacco sector.
“It is recognised that increasingly restrictive policies on tobacco products carry serious implications for other segments of society, such as tobacco farmers, the tobacco industry and its workers, as well as SME operators,” he said in a written statement cited on Sunday, 22 February 2026.
He highlighted Article 152 of the Health Law, which he said provides an imperative mandate for tobacco products and electronic cigarettes to be regulated separately and specifically. In practice, however, the government has merged both under a single regulatory umbrella through PP 28/2024.
The legal study presented argued that this consolidation potentially exceeds the scope of delegation (ultra vires). Formally, Article 152 paragraph 1 mandates specific regulation of tobacco products, whilst paragraph 2 regulates electronic cigarettes separately. This inconsistency is feared to risk a formal defect that could undermine the legal force of the regulation.
P3KHAM UNS also warned of potential socio-economic risks should policies be formulated without a well-designed transition plan. Overly restrictive policies were said to risk triggering redundancies in labour-intensive sectors and reducing the income of tobacco farmers in production centres such as Temanggung, Klaten and Rembang.
Through its policy brief, UNS recommended a limited revision of PP 28/2024 to separate the regulation of tobacco products and electronic cigarettes in accordance with the mandate of Article 152 of the Health Law. Additionally, a transparent Regulatory Impact Assessment (RIA) is needed to measure the fiscal and socio-economic impact of each new restrictive policy.
UNS also urged the harmonisation of the Health Law with the Job Creation Law and the Industrial Law to prevent normative disharmony that could potentially hinder the investment climate.