Regine Wiranata (2020) Perlindungan Hukum Bagi Pengguna Rokok Di Indonesia Sehubungan Dengan Standar Tanggung Jawab Negara Dalam The United Nations Guiding Principles On Business And Human Rights. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Indonesia has the third highest number of smokers in the world. The pervasivity of cigarettes in the country has adversely impacted the right to health, which is part of Indonesia’s international obligations in international human rights law. As part of Indonesia’s international human rights obligations, both stemming from binding instruments such as the International Covenant on Economic, Social, and Cultural Rights, as well as those embodied in non-binding instruments such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), the Indonesian government must protect the right to health by implementing policies and regulations and overseeing its effective application. Although not itself binding, the UNGPs. is a useful tool to measure a country’s compliance to its international obligations in relation to business, as it contains norms that already possess binding nature through customary or conventional international law. In the UNGPs, states’ obligations are twofold: to protect human rights through both preventive and repressive measures (the First Pillar), and to provide access to remedy for violations by businesses of human rights. This thesis examines the compatibility between the laws in force in Indonesia for the protection of current and potential cigarette users, namely those regulating the production and importation of, as well as the marketing and sales of cigarettes, and the protection of children and pregnant women; criminal and administrative sanctions for violators of regulations; and the possibility of pursuing judicial and non-judicial remedial mechanisms for losses suffered by cigarette users from the marketing and sales of cigarettes.

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