PENAYANGAN IKLAN ROKOK MELALUI TELEVISI DALAM KAWASAN TANPA ROKOK: ANALISIS KONFLIK NORMA DAN KEPASTIAN HUKUM

Abstract

The regulation of cigarette advertising in Indonesian law shows that there is a normative paradox between the broadcasting regime that still provides limited space for the airing of cigarette advertisements and the no smoking area regime that prohibits promotional activities in certain spaces. The disintegration of the rules raises legal problems related to the status of cigarette advertisements through television accessed in non-smoking areas. This study aims to analyze the relationship between the two regulatory regimes and determine the legal qualifications for concrete events that occur factually. The research uses normative legal methods with a statutory and conceptual approach, supported by primary and secondary legal materials that are analyzed through legal interpretation and deductive reasoning. The results of the study show that the difference in the orientation of media-based and space-based arrangements causes norm conflicts and disharmony in the legal system. The airing of cigarette advertisements on television in a non-smoking area cannot immediately qualify as a violation of the law because it does not meet the elements of active action in a prohibited space. The findings of the study confirm the regulatory vacuum for developing concrete practices. The need for a legal construction that is able to integrate the two regimes systemically in order to realize legal certainty and the effectiveness of public health protection