Indonesian Supreme Court Decision No. 42 of 2012: Validity of Indonesian Presidential Decree No. 3 of 1997

This challenge to the validity of Indonesian Presidential Decree No. 3 of 1997 on the Surveillance and Control of Alcoholic Beverages was submitted by Front Pembela Islam (FPI - the Islamic Defenders' Front), represented by Habib Muhammad Rizieq Syihab, the founder and chairperson of FPI, and KH. Ahmad Sabri Lubis, the secterary-general of FPI.

The applicant cited several teachings from the Qur'an and Hadith, the Holy Bible, and Buddhism that prohibit the consumption of alcohol, as well as Hinduism, which discourages excessive consumption of alcohol. As a state based on the principle of One Almighty God (Ketuhanan Yang Maha Esa), the applicant submitted that Indonesian Presidential Decree No. 3 of 1997 should, therefore, be invalidated for contradicting the religious values contained in Pancasila ('five principles' - Indonesian state ideology) and the 1945 Constitution because not one religion in Indonesia permitted or deemed halal the consumption of any alcoholic beverage. The applicant also cited the physical effects alcohol consumption can have on people, as well as other people who may fall victim to alcohol-induced theft, battery, abuse, rape, and even murder.

The applicant also submitted that Indonesian Presidential Decree No. 3 of 1997 was contrary to several national statutes, including arts 46 and 47 of Law No. 36 of 2009 on Health. This was because the decree only categorised alcohol rather than prohibiting it, while the detrimental effect alcohol can have on health repudiates the aim of arts 46 and 47, which is to improve the health of Indonesian citizens.

The court questioned whether the applicant believed its rights and/or authority had suffered because of Indonesian Presidential Decree No. 3 of 1997. It also questioned whether the applicant believed it had suffered any specific and actual loss or could potentially suffer any loss, and whether or not there was a causal relationship between that loss and the decree it was seeking to impugn. The court found in the applicant's favour in this regard, granting it the requisite legal standing. It then acceded to the application but did so on the grounds that several of the statutes that constituted the legal basis for Indonesian Presidential Decree No. 3 of 1997 were no longer valid laws themselves.

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