Indonesia's Health Ministry Pushes Plain Tobacco Packaging Amid Legal Concerns

The Indonesian Ministry of Health is advancing a draft regulation that would require uniform, brand‑free packaging for all tobacco products, including cigarettes and e‑cigarettes. The proposal follows Government Regulation No. 28/2024 and mirrors the plain‑packaging provisions of the World Health Organization’s Framework Convention on Tobacco Control, which Indonesia has not ratified.

Legal scholars warn the measure could clash with national trademark law. Mukti Fajar Nur Dewata, a business‑law professor at Universitas Muhammadiyah Yogyakarta, says that trademark and industrial design law require distinctive branding, and a uniform pack would violate that regime. Airlangga Surya Nagara, a constitutional‑law expert at Universitas Sebelas Maret, adds that the rule may infringe on exclusive trademark rights guaranteed by Law No. 20/2016, while also confronting the state’s duty to curb smoking prevalence. He calls for a regulatory impact analysis and broader stakeholder involvement before the policy proceeds.