vii

FOREWORD

The Author would like to express her gratitude to the God Almighty for the

unending blessing and grace that He has given so that the author is able to finish

this Thesis with the title “A PERSPECTIVE LEGAL STUDY ON THE

IMPACT OF TOBACCO CONTROL TOWARDS YOUTH SMOKERS” as

an academic requirement to obtain a bachelor degree in Business Law at the

University of Pelita Harapan. A thesis is an individual project but cannot be done

without the assistance and support of others. With that said, there are several people

that the Author would to acknowledge because without their support the Author

could not have completed this thesis. Firstly, the Author would like to thank her

parents for their support and patience towards the Author during the process of

making this Thesis. Secondly, the Author would also like to express her

gratefulness to the following:

1. Prof. Dr. Bintan R. Saragih, SH., as Professor and Dean of the Faculty of

Law, University of Pelita Harapan;

2. Dr. Henry Soelistyo, S.H. LL.M, as the Head of Master Program of Law of

the University of Pelita Harapan, who also had time to listen and give advice

to the Author when the Author had doubts;

3. DR. Maria G.S. Soetopo Conboy, B.Sc., M.B.A, as the supervisor of the

Author who have provided guidance, advice, and input for the preparation

of this Thesis. Thank you for being ever so kind and patient with the Author;

4. To all the lecturers and secretariat supporting staff at the Postgraduate of

Law Universitas Pelita Harapan;

5. To MH Batch 37, thank you for trusting me as your head of class, although

at times there were a lot of drama, eventually we pulled tlrough! Also, thank

you for the nights of endless laughter and food during after class hours;

6. Nico Ewaldo S.H., Mystique and Dexter, thank yor_r for being my main

suppoft system, not only throughout this Thesis process, but in everything

that I do.

7. And every other person that the Aulhor cannot mention one by one, that has

helped the Author in writing this Thesis, rnay God bless them abundantly.

Having said the above, the Author realizes that there are many imperfections in this

thesis, therefore the Author appreciates and constmctive critics and suggestions

given. Hopefully, this Thesis can contribute positively to academic reaciers and to

the society.

Jakarta, November 16th. 2017,

Author.

Meiisa Chikita

vilt

ix

INDEX

TITLE PAGE i

STATEMENT LETTER OF AUTHENTICITY OF THE GRADUATE

THESIS ii

APPROVAL OF GRADUATE THESIS iii

STATEMENT OF AFFIRMATION iv

ABSTRACTION v

FOREWARD vii

INDEX ix

LIST OF IMAGES xii

LIST OF TABLES xiii

CHAPTER I INTRODUCTION

1.1 Background of the Study 1

1.2 Issue of the Study 11

1.3 Purpose of the Study 11

1.4 Benefit of the Research 11

1.5 Systematic of the Writing 12

CHAPTER II THEORITICAL & CONCEPTUAL FRAMEWORK

2.1 Theory of Justice 14

2.2 Tobacco Industry 16

2.2.1 Tobacco Farmers & Traders 17

2.2.2 Cigarette Manufacturers 18

2.2.3 Regulations 21

2.3 World Health Organization 22

x

2.4 Framework Convention on Tobacco Control 23

CHAPTER III RESEARCH METHODOLOGY

3.1 Methodology 27

3.1.1Type of Methodology 27

3.1.2 Research Approach 28

3.2 Data Acquiring 30

3.2.1 Types and Sources of Data 30

3.3 Data Analysis 31

3.4 Obstacles 32

CHAPTER IV ANALYSIS

4.1 Justice for the Youth of the Nation 34

4.2 The Tobacco Tax Regulation and the Government Regulation

on Tobacco Control Towards Youth Smokers 37

4.2.1 Tobacco Tax Regulation Towards

Youth Smokers 37

4.2.2 Government Regulation on

Tobacco Control 41

4.3 Economic Analysis of Law on the Impact of

Tobacco Control 54

4.3.1 The Increasing Rate of Youth Smokers 54

4.3.2 The Impact of the Government Regulation

on Tobacco Control 67

xi

CHAPTER V CONCLUSION AND RECOMMENDATION

5.1 Conclusion 73

5.2 Recommendation 74

BIBLIOGRAPHY XIV

xii

List of Images

Image 1.1 Contents of a Cigarette ……………………………………………...2

Image 1.2 Stages of Tobacco Regulation…………………………………….. 10

Image 4.1 Gudang Garam International Advertisement……………………….43

Image 4.2 A-mild Billboard Advertisement…………………………………...43

Image 4.3 A-mild Billboard Advertisement…………………………………...44

Image 4.4 Clips of Djarum Super 76 TV Commercial……………………… ..44

Image 4.5 Posters of Music Concerts Being Sponsored by Cigarette

Companies…………………………………………………………………… 47

Image 4.6 Poster and Banners of Religious Events Sponsored by Various

Cigarette Companies ……………………………………………………… 48

Image 4.7 Cultural festival sponsored by Sampoerna Hijau …………………48

Image 4.8 L.A. Cigarette Advertisement on A Local Newspaper…………….49

Image 4.9 Gudang Garam Signature with a 40% image ……………………..51

Image 4.10 Sampoerna A-mild with a 40% image ……………………….. 51

Image 4.11 Example of the front of plain Pack Cigarettes. ………………… .53

Image 4.12 Example of The Back Of Plain Pack Cigarettes………………… 53

xiii

List of Tables

Table 1.1 – Household spending on daily goods………………………………….4

Table 1.2 – Tobacco Consumption Prevalence…………………………………....5

Table 1.3 Age Trend for First Time Smokers……………………………………. 6

Table 1.4 Age proportion of ages 15-19 throughout the Country…………………7

Table 2.1 Tobacco Industry Scheme …………………………………………….16

Table 2.2 Cigarette Classification ……………………………………………… 18

Table 2.3 Highest Market Shares ………………………………………………..19

Table 2.4 Top 10 Producing Countries 2013 ……………………………………24

Tabel 4.1 Prices of cigarettes (16 pieces per pack) in 2012 …………………….38

Table 4.2 – Increase in Tobacco Tax Scenario ………………………………….40

Table 4.3 – Top 7 Countries with the Highest Cigarette Prices …………………55

Table 4.4 – Summary of the Economic Analysis of Law for Issue 1…………....64

Table 4.5 – Summary of the Economic Analysis of Law for Issue 2 …………...72