Smoking in Human Rights Perspective in Indonesia

Abstract

Smoking is an activity carried out to fulfill one’s pleasure, and for smokers this activity is a natural thing and is a person’s right to smoke. The results of research by health experts smoking and the smoke it causes are very harmful to health, so it is necessary to protect human health and the environment. The problem is how to smoke in the perspective of human rights, because it is related to health and environmental protection. Through the method of normative juridical approach, the results of this study explain that, the basis of a rule of law is the protection of human rights, and human rights in question are the right to a good and healthy environment as explained in several legal provisions governing human rights. Setting the right to a good and healthy environment includes the right to live a healthy life from the effects of exposure to harmful cigarette smoke. The regulation of human rights in the protection of human rights is regulated at the international level, the 1945 Constitution and other statutory regulations up to the regional regulation level. Smoking activity carried out by smokers is not a human right, because the law regulates the provisions of these human rights.