As one of the world’s largest tobacco producing countries, Indonesia boasts some 1,664 tobacco companies and approximately 220,000 hectares of tobacco plantations. This industry has so far churned out some 264 billion cigarettes, generating approximately IDR 112.5 trillion in excise in the process.[1] Unfortunately though, this sizeable production has come at a price, as Indonesia currently has one of the largest populations of smokers in the world, a fact that is sadly embodied in the more than 217,400 people who die each year as a result of tobacco-related illnesses.[2] All of this means that the issue of tobacco in Indonesia remains a paradox.
 
In order to bolster the achievements of the tobacco industry, the government issued Ministry of Industrial Regulation No.  63/M-IND/PER/8/2015 on the Roadmap for the Tobacco Production Industry for the 2015-2020 period. This regulation is essentially aiming to boost the contributions which are made by the tobacco industry to the national economy. However, the Supreme Court, through the handing down of Decision No. 16/P/HUM/2016 (“Decision 16/2016”), has declared this regulation to be in direct contradiction with various national laws that aim to promote health and the basic right to a healthy environment. The Supreme Court decision thus reveals a fundamental contradiction between accommodating the national economic interest and protecting public health. 
 
In the search for an ideal solution to this contradiction, the House of Representative has initiated deliberations of the Draft Bill on Tobacco (“Draft Bill”), integrating the bill into the 2017 prioritized national legislation program.[3] The Draft Bill encompasses a total of 76 Articles which address various issues, including agriculture, industry and state revenue.[4] This edition of Indonesian Law Digest (ILD) will analyze and discuss various topics relating to the Draft Bill, specifically: