GAGASAN PENGATURAN LARANGAN PENJUALAN ROKOK ELEKTRIK/VAPE BAGI ANAK DI BAWAH UMUR 18 TAHUN DIKATKAN DENGAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN

Abstract

Indonesia is the third largest cigarette consumer in the world. As time goes
by, technology continues to develop, not all cigarette products today only use
tobacco as raw materials. Nowadays, many consumers are switching from
conventional cigarettes to electronic cigarettes. Electronic cigarettes, which are an
innovation from conventional cigarettes to electronic cigarettes which consist of
two elements, namely a suction device and liquid (refill). E-cigarettes are

considered safer than regular cigarettes. It turns out that the risk of inhaling e-
cigarettes is not much different from regular cigarettes. The journal published by

Circulation stated that high amounts of nanoparticles were found in e-cigarette
vapor inhalers. In the absence of warning labels, danger labels and standardization
of e-cigarettes sold by business actors, the rights of e-cigarette buyers/users as
consumers have been violated, such as the right to security and safety in consuming
goods and/or services and the right to information provided. correct, clear and
honest regarding the condition of the goods.This research is a normative legal
research.
This research method uses a type of normative legal research using legal
synchronization analysis, using primary legal materials such as Law Number 17 of
2023, Government Regulation Number 109 of 2012 concerning Handling of
Materials Containing Addictive Substances in the Form of Tobacco Products for
Health, and legal materials other. This research also uses qualitative data analysis
and produces descriptive data.
There are conclusions obtained, namely: First, the regulations regarding
electronic cigarettes in Indonesia, both in terms of sales and use, do not yet have
clear regulations. The connotation of cigarettes referred to in Indonesian laws and
regulations is defined as conventional cigarettes. The only regulation on electronic
cigarettes in Indonesia is regulated only through the Regulation of the Minister of
Trade of the Republic of Indonesia Number 86 of 2017 concerning Provisions for
the Import of Electric Cigarettes. There are no specific regulations regarding the
prohibition on the use of e-cigarettes, which clearly also pose dangers, especially
to people's health rights which are protected by the constitution. Second, a ban on
the sale of cigarettes is an inevitability that must be implemented.
Keywords: E-Cigarette – Health – Legal Ideas.