Consumer Protection for Cigarette Products That Do Not Include Health Warnings in the Form of Images in the Concept of Legal Certainty

Abstract

Cigarettes in Indonesia are no longer foreign objects for consumption, but have become a habit for people to consume cigarettes. Some people have even made cigarettes a necessity of life that cannot be left behind in everyday life. Therefore, regarding cigarette production in Indonesia, every business actor is obliged to provide clear information by mandatory including a health warning on every pack of cigarettes they produce as a warning to cigarette consumers as stated in article 7 letter b of Law Number 8 of the Year 1999 concerning Consumer Protection (UUPK). The approach method used in this research is a normative juridical approach which places law as a system of norms. The norm system in question is about the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines (teachings) related to the protection of consumers against cigarette products without health warning labels and health information in the form of images in the concept of legal certainty. Consumer protection in Indonesia is currently generally based on Law Number 8 of 1999 concerning Consumer Protection ("UUPK"). Specifically regarding protection for cigarette users, we can find the regulations in Government Regulation Number 109 of 2012 concerning Safeguarding of Materials Containing Addictive Substances in the Form of Tobacco Products for Health (PP 109/2012) and Regulation of the Minister of Health of the Republic of Indonesia Number 28 of 2013 concerning the Inclusion of Health Warnings and Health Information on Tobacco Product Packaging. A form of legal protection for cigarette consumers is the inclusion of a health warning label in the form of an image, which in fact is one of the consumer's rights to obtain information regarding the cigarettes they are using for their safety. Cigarette business actors who do not include health warnings on cigarette packaging must be held accountable for their actions. The principle of responsibility used in the Consumer Protection Law is the principle of absolute responsibility, namely the principle of responsibility for unlawful acts that are not based on fault.