Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Rofiq Hidayat
Alcoholic beverages. Photo by: RES
Deliberations of the Draft Bill on Alcoholic Beverages have finally reached the Special Committee level, and the bill is currently being deliberated by various Commissions at the House of Representatives (House). Much of the Draft Bill remains open to further deliberation, including related economic and industrial issues, any limitations which are to be placed on the distribution of alcoholic beverages, as well as penal sanctions for violators.
The Head of the Special Committee for the Draft Bill on Alcoholic Beverages, Muhammad Arwani Thomafi, asserts that input must be encouraged from all of the bill’s various stakeholders, and that this input should then be incorporated into the current Draft Bill.
Mr. Thomafi has admitted that in several regions across the country, the consumption of alcoholic beverages such as tuak (an alcoholic beverage from North Sumatra), is considered traditional and an integral part of their cultures. There is also the issue of tourism to consider, given that only certain places would be allowed to sell alcoholic beverages under the Draft Bill.
“There is no need to worry. We will encourage input because we don’t want the Draft Bill to just become just a pile of prescriptive papers that don’t relate to the real life of the country. The important thing, ultimately, is how the state can guarantee the health of the general public,” stated Mr. Thomafi at a recent discussion held at the House.
Senator Fahira Idris was also present at the discussions and asserted that the Draft Bill should become the government’s way of educating the general public. Idris further stated that the passing of the Draft Bill into law would stimulate various sectors of society into realizing the dangers posed by alcoholic beverages.
According to Ms. Idris, Indonesia’s current oversight mechanism as regards alcoholic beverages is very weak and will hopefully be strengthened by the Draft Bill. Ms. Idris expressed her hope that the recently introduced prohibition on the sale of alcoholic beverages in the country’s minimarts would also soon apply to small grocers.
Despite its various shortcomings, Ms. Idris lauded the fact that the Draft Bill also took the tourism sector into account. Idris also emphasized that a percentage of the excise levied on alcoholic beverages should be channeled into disseminating the dangers of alcoholic beverages across society.
In broad agreement with Ms. Idris was Tulus Abadi, Executive Chair of the Indonesian Consumers Association (YLKI), who asserted that excise goods, such as alcoholic beverages, should not be sold freely and should only be available to certain consumers. However Mr. Abadi expressed his belief that such goods may still be advertised and promoted.
“Incorrect access to alcoholic beverages is already a [regulatory] violation, including at the level of criminal law, so this is nothing new” explained Mr. Abadi.
Mr. Abadi believes that excise should be applied to, “problematic” goods as the government’s way of warning its citizens to avoid consuming them. Despite the fact that they are legal products in Indonesia, alcoholic beverages are not good for human health, according to Mr. Abadi, and therefore the state must take a firm stance by issuing a regulation aimed at tightening the distribution of alcoholic beverages throughout the country.
“We must also ensure that the Draft Bill isn’t simply passed only to become a mere paper tiger that is unenforceable in reality. So I advise caution regarding this Draft Bill. As a Muslim, of course I agree with the prohibition, but is the government ready to implement such a measure?” asserted Mr. Abadi.
Anggara Suwahju, the Chair of Institute for Criminal Justice Reform’s (ICJR) Governing Body, who was also present at the recent discussions, asserted that the Draft Bill must also take penal sanctions into consideration. According to Mr. Suwahju, incorporating criminal clauses into the Draft Bill will lead to overcrowding in the country’s detention facilities.
Furthermore, arresting large numbers of citizens who violate this new law will put a huge stress on the national budget. Mr. Suwahju has therefore suggested that the Special Committee takes the overall costs to the state into consideration when formulating penal clauses for insertion into the Draft Bill.
“A prohibition must take the cost of its enforcement in law into account. We shouldn’t be formulating laws without first properly weighing up their costs and benefits,” explained Mr. Suwahju.
Mr. Suwahju added that if the government and the House wished for regulatory codification as regards the Draft Bill becoming a part of the Criminal Code, then penal sanctions should no longer be incorporated. Suwahju also expressed his strong hope that where the issue of penal sanctions was concerned, all of the Commissions involved in the deliberations would agree with him.
“We can’t afford significant differences in viewpoints over the Draft Bill, such as Commission III aiming for a lex specialis while the other relevant Commissions pursue their own agendas,” concluded Mr. Suwahju.
(sp)
Marcell Sihombing, Rofiq Hidayat
Alcoholic beverages. Photo by: RES
Deliberations of the Draft Bill on Alcoholic Beverages have finally reached the Special Committee level, and the bill is currently being deliberated by various Commissions at the House of Representatives (House). Much of the Draft Bill remains open to further deliberation, including related economic and industrial issues, any limitations which are to be placed on the distribution of alcoholic beverages, as well as penal sanctions for violators.
The Head of the Special Committee for the Draft Bill on Alcoholic Beverages, Muhammad Arwani Thomafi, asserts that input must be encouraged from all of the bill’s various stakeholders, and that this input should then be incorporated into the current Draft Bill.
Mr. Thomafi has admitted that in several regions across the country, the consumption of alcoholic beverages such as tuak (an alcoholic beverage from North Sumatra), is considered traditional and an integral part of their cultures. There is also the issue of tourism to consider, given that only certain places would be allowed to sell alcoholic beverages under the Draft Bill.
“There is no need to worry. We will encourage input because we don’t want the Draft Bill to just become just a pile of prescriptive papers that don’t relate to the real life of the country. The important thing, ultimately, is how the state can guarantee the health of the general public,” stated Mr. Thomafi at a recent discussion held at the House.
Senator Fahira Idris was also present at the discussions and asserted that the Draft Bill should become the government’s way of educating the general public. Idris further stated that the passing of the Draft Bill into law would stimulate various sectors of society into realizing the dangers posed by alcoholic beverages.
According to Ms. Idris, Indonesia’s current oversight mechanism as regards alcoholic beverages is very weak and will hopefully be strengthened by the Draft Bill. Ms. Idris expressed her hope that the recently introduced prohibition on the sale of alcoholic beverages in the country’s minimarts would also soon apply to small grocers.
Despite its various shortcomings, Ms. Idris lauded the fact that the Draft Bill also took the tourism sector into account. Idris also emphasized that a percentage of the excise levied on alcoholic beverages should be channeled into disseminating the dangers of alcoholic beverages across society.
In broad agreement with Ms. Idris was Tulus Abadi, Executive Chair of the Indonesian Consumers Association (YLKI), who asserted that excise goods, such as alcoholic beverages, should not be sold freely and should only be available to certain consumers. However Mr. Abadi expressed his belief that such goods may still be advertised and promoted.
“Incorrect access to alcoholic beverages is already a [regulatory] violation, including at the level of criminal law, so this is nothing new” explained Mr. Abadi.
Mr. Abadi believes that excise should be applied to, “problematic” goods as the government’s way of warning its citizens to avoid consuming them. Despite the fact that they are legal products in Indonesia, alcoholic beverages are not good for human health, according to Mr. Abadi, and therefore the state must take a firm stance by issuing a regulation aimed at tightening the distribution of alcoholic beverages throughout the country.
“We must also ensure that the Draft Bill isn’t simply passed only to become a mere paper tiger that is unenforceable in reality. So I advise caution regarding this Draft Bill. As a Muslim, of course I agree with the prohibition, but is the government ready to implement such a measure?” asserted Mr. Abadi.
Anggara Suwahju, the Chair of Institute for Criminal Justice Reform’s (ICJR) Governing Body, who was also present at the recent discussions, asserted that the Draft Bill must also take penal sanctions into consideration. According to Mr. Suwahju, incorporating criminal clauses into the Draft Bill will lead to overcrowding in the country’s detention facilities.
Furthermore, arresting large numbers of citizens who violate this new law will put a huge stress on the national budget. Mr. Suwahju has therefore suggested that the Special Committee takes the overall costs to the state into consideration when formulating penal clauses for insertion into the Draft Bill.
“A prohibition must take the cost of its enforcement in law into account. We shouldn’t be formulating laws without first properly weighing up their costs and benefits,” explained Mr. Suwahju.
Mr. Suwahju added that if the government and the House wished for regulatory codification as regards the Draft Bill becoming a part of the Criminal Code, then penal sanctions should no longer be incorporated. Suwahju also expressed his strong hope that where the issue of penal sanctions was concerned, all of the Commissions involved in the deliberations would agree with him.
“We can’t afford significant differences in viewpoints over the Draft Bill, such as Commission III aiming for a lex specialis while the other relevant Commissions pursue their own agendas,” concluded Mr. Suwahju.
(sp)