Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Agus Sahbani, Andin Aditya Rahman
The Supreme Court has recently declared Presidential Decree No. 3 of 1997 on Alcohol Supervision and Control as invalid because the legal basis for its issuance is long gone. This effectively hands over the authority to regulate alcohol to each regional government in Indonesia.
“Other than the fact that the Presidential Decree does more harm than good, a number of the laws and regulations that formedthe legal basis for the decree have been declared invalid, ,” stated Ridwan Mansyur, the Head of the Supreme Court’s Law and Public Relations Bureau at the Supreme Court building in Jakarta, Wednesday.
Ridwan explained that most of the legal bases for the issuance of the Presidential Decree have been repealed and replaced by newer laws and regulations. For instance, Law No. 5 of 1974 on Specifics of Regional Governments has been repealed and replaced by Law No. 32 of 2004 as last amended by Law No. 12 of 2008.
Other such laws and regulations include Law No. 23 of 1992 on Health (repealed and replaced by Law No. 36 of 2009), and Government Regulation No. 11 of 1962 on Sales of Goods under Supervision (repealed and replaced by Government Regulation No. 19 of 2004).
“Because of this, Presidential Decree No. 3 of 1997 on Alcohol has lost the basis of its legal validity and is therefore invalid and not generally acceptable. These were the main points of consideration for the judges,” he stated.
Restuardy Daud, Head of the Information Center at the Ministry of Internal Affairs, urged regional governments to discreetly enact their respective regional regulations on alcohol distribution and sales in a way that does not disrupt social life within their respective regions.
“Because, there are eastern regions that tolerate alcohol to a certain degree, this means that this matter must be regulated in accordance with the level of cultural toleration in each region. In the western part [of Indonesia] there are particular regions that are very strict in asserting that alcohol is not permitted. A balance must be maintained,” he explained.
While Regional Governments are going to get busy with regulating alcohol in their respective jurisdictions, the Ministry of Internal Affairs, according to Restuardy, is hoping that in the near future a Draft Bill on Alcohol will be issued.
“Furthermore, we may see that in the near future, a regulation will be drafted in the form of a Draft Bill on Alcohol,” he concluded.
(hot/kc)
Agus Sahbani, Andin Aditya Rahman
The Supreme Court has recently declared Presidential Decree No. 3 of 1997 on Alcohol Supervision and Control as invalid because the legal basis for its issuance is long gone. This effectively hands over the authority to regulate alcohol to each regional government in Indonesia.
“Other than the fact that the Presidential Decree does more harm than good, a number of the laws and regulations that formedthe legal basis for the decree have been declared invalid, ,” stated Ridwan Mansyur, the Head of the Supreme Court’s Law and Public Relations Bureau at the Supreme Court building in Jakarta, Wednesday.
Ridwan explained that most of the legal bases for the issuance of the Presidential Decree have been repealed and replaced by newer laws and regulations. For instance, Law No. 5 of 1974 on Specifics of Regional Governments has been repealed and replaced by Law No. 32 of 2004 as last amended by Law No. 12 of 2008.
Other such laws and regulations include Law No. 23 of 1992 on Health (repealed and replaced by Law No. 36 of 2009), and Government Regulation No. 11 of 1962 on Sales of Goods under Supervision (repealed and replaced by Government Regulation No. 19 of 2004).
“Because of this, Presidential Decree No. 3 of 1997 on Alcohol has lost the basis of its legal validity and is therefore invalid and not generally acceptable. These were the main points of consideration for the judges,” he stated.
Restuardy Daud, Head of the Information Center at the Ministry of Internal Affairs, urged regional governments to discreetly enact their respective regional regulations on alcohol distribution and sales in a way that does not disrupt social life within their respective regions.
“Because, there are eastern regions that tolerate alcohol to a certain degree, this means that this matter must be regulated in accordance with the level of cultural toleration in each region. In the western part [of Indonesia] there are particular regions that are very strict in asserting that alcohol is not permitted. A balance must be maintained,” he explained.
While Regional Governments are going to get busy with regulating alcohol in their respective jurisdictions, the Ministry of Internal Affairs, according to Restuardy, is hoping that in the near future a Draft Bill on Alcohol will be issued.
“Furthermore, we may see that in the near future, a regulation will be drafted in the form of a Draft Bill on Alcohol,” he concluded.
(hot/kc)