Divine Tobacco: A Paradox Among Health Fascism

This study aims to examine how ideally, the legal system regarding tobacco is related to the conflict of interest in tobacco use for the treatment. The type of research used in this research is normative legal research (normative juridical). Through a statutory approach and a conceptual approach, the aim is to understand the importance of using tobacco as an alternative treatment. By obtaining a clear concept, it is hoped that the norming in the rule of law in the future will no longer have a vague and ambiguous understanding.


INTRODUCTION
The ideals of the Indonesian people, as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia, are to protect the entire Indonesian nation and the entire homeland of Indonesia and to promote public welfare, educate the nation's life and participate in implementing world order based on independence, eternal peace and social justice.Health as an element of general interest and a human right must be realized through various health efforts in the context of comprehensive and integrated health development supported by a national health system (Komalawati et al, 2020).One of these health efforts is traditional medicine (Purwaningsih, 2013).
Healing or traditional medicine has been known for a long time in the community, long before modern medicine entered Indonesia.The traditional medicine system is one of the cultural elements grown and developed.It has been maintained for generations in the community, both urban and rural communities, as an archipelago heritage (Rahman et al., 2018).Traditional medicine is ingredients or ingredients derived from plant, animal or mineral ingredients, processed (galenic), or a mixture of these ingredients passed down from generation to generation and used for treatment (Kartika et al, 2016).
At first, traditional medicine was mystical, belief in supernatural powers rooted in animism.Besides that, conventional medicine is formed through a process, namely trying repeatedly specific ways and drugs in dealing with various diseases (practical way) (Qiram et al., 2021).In its development, traditional medicine in Indonesia was influenced by many foreign cultures, such as India, China, the Middle East, and Europe.These cultures mainly influence the ways of traditional medicine through religious approaches (Rarung, 2017).Currently, there are symptoms of various types of businesses that also offer health services using alternative medicine or more and more use of traditional medicines/herbs.Service offerings that provide relatively affordable prices by the public, of course, attract the public's attention.Treatment methods using herbal ingredients and using therapists' services are the people's choice to find forms of treatment for the diseases that patients are experiencing and become a way to overcome the problem of the relatively high cost of modern medical procedures (Pulu et al, 2018).
In today's modern era, traditional medicine in Indonesia is still one of the main options for healing community diseases, both rural and urban communities, not only by the lower class but also by the upper-middle class (Prasanti, 2018).This is based on cultural factors, value systems and traditions that influence their attitudes and knowledge about illness, disease, and healing efforts.Besides, this traditional treatment option is considered cheaper than modern medicine (Andriati et al, 2016).
One way of traditional medicine in Indonesia is to use medicinal plant ingredients.According to the Law of the Republic of Indonesia Number 36 of 2009 concerning Health, what is meant by traditional medicine are ingredients or ingredients in the form of plant materials, animal materials, mineral materials, preparations of extracts or mixtures of these materials which have been used for generations for treatment based on experience.And can be applied by the norms prevailing in society.Traditional medicine is often used to treat diseases for which there is no cure or in urgent situations where treatment is not available or because it is not affordable by people's purchasing power.
Tobacco is one of the controversial plants.Since the beginning, known and used by humans, tobacco is a leaf for traditional medicine and helps cure diseases (Jebet et al., 2018).The use of tobacco to treat exists in the Indian community in America and is also carried out by Europeans and Asians (LeMaster et al., 2002).Tobacco was popularly used to treat stomach aches, coughs, colds, and headaches; even tobacco was also used as a natural antibiotic.In addition, tobacco is also helpful for curing malaria; decoction of tobacco leaves is used to destroy insects and parasitic skin diseases, stop blood flow in wounds, and even treat damage to blood circulation in blood vessels (Charlton, 2004).
Speaking of tobacco, then we must also talk about science.Because the dangers caused by smoking also come from scientific research studies on smoking.So much discussion about the dire consequences of tobacco for health until now was considered a fact that is close to the truth (Nurmiyanto, 2013).So that many countries in the world issue favourable laws relating to the prohibition or restriction of tobacco use, one of which is Indonesia.There are many laws and regulations, from rules, government regulations, presidential regulations to ministerial regulations that mention tobacco and the dangers of smoking in it (Kresnayana et al, 2021).
The World Health Organization (WHO) has adopted the Framework Convention on Tobacco Control (FCTC) at the 56th World Health Assembly in 2003.This FCTC provides a reference on the urgency of tobacco management for countries in the world.With this reference, it is hoped that member states of the United Nations (UN) are committed to ratifying the FCTC into national law or policy to become part of the state parties above the FCTC.Although until now Indonesia has not ratified the convention, the adoption of the way in existing laws and regulations is more dominant than state protection against tobacco farming and research on the benefits of tobacco (Kresnayana et al, 2021).
Science is essentially always evolving and moving, not in a linear path.This opens up a new approach to understanding what would not have been considered accurate before, including the dangers of tobacco.In Indonesia, through the results of research conducted by several researchers who are members of the Malang Free Radical Decay Research Institute (LPPRB), it has been found that the benefits of tobacco as a means of treatment have been found.Its benefits have been tested on both animals and humans (Barber et al, 2009).The tobacco was named divine tobacco (Davoudi, 2014).By one of the innovators, Dr Gretha Zahar, the sacred tobacco is used to perfect the "balur" therapy, which previously only used spices.The treatment method with divine tobacco is carried out using the patient/volunteer being smoked using sacred tobacco and smoking the tobacco.To collect data on his medical volunteers, he established "balur" houses in Jakarta, Malang, Bandung, Semarang, Bali, and Yogyakarta to treat cancer, heart, cardiovascular, lung, spleen, and stroke, well as other degenerative diseases.
The establishment of some of these balur houses reaped the pros and cons due to the significant public interest who wanted to try a therapy that was considered unnatural from a medical perspective.At the same time, this was contradictory to the anti-tobacco campaign promoted by the government and the regulations on tobacco contained in various regulations legislation (Chakim, 2015).So on some of the problems described above, this study aims to examine how ideally, the legal politics of smoking is related to the conflict of interest in tobacco use for treatment.

RESEARCH METHOD
Normative Legal Research (juridical normative) is a legal research method conducted by examining library materials or secondary data.The method of thinking used is deductive thinking (a way of thinking in drawing conclusions drawn from something general that has been proven accurate, and the decision is intended Wempy Setyabudi H., et al. for something specific).About normative research, several approaches will be used here, namely: (i) Legislative approach (statute approach) A statutory approach is an approach taken to various rules related to the object of research.

(ii) Conceptual approach
The conceptual approach is used to understand concepts about the importance of using tobacco as an alternative treatment.By obtaining a clear vision, it is hoped that the norming in the rule of law in the future will no longer have a vague and ambiguous understanding.Sociological or empirical legal research is a research method to obtain primary data and find the truth by using inductive thinking methods and correspondent truth criteria.The facts used to conduct the induction process and correspondence truth testing are up-to-date facts.The workings of the sociological juridical approach in this research, namely from collecting and finding data and information through a literature study of the basic assumptions or assumptions used in answering the problems in this study, then testing inductivelyverificatively on the latest facts contained in the research.Public.Thus, the truth in an investigation has been declared reliable without going through a rationalization process.This study's sources of data are secondary data (secondary data) and primary data (primary data).Secondary data is data obtained by researchers from library research and documents, which are the results of study and processing by others, which are already available in books or documents usually provided in libraries or privately owned.While what is meant by primary data is data obtained directly from the community.Secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials in legal research.The known data collection techniques are library research, observation (observation), and interviews (interview).By the data sources as described above, in this study, data collection was carried out by conducting a literature study, namely by finding and collecting sources from laws and regulations, draft laws, research results, scientific journals, scientific articles, and papers.Seminars related to legal politics on tobacco-related to the conflict of interest in tobacco use for treatment.

RESULT AND DISCUSSION
Legal politics is a state policy through state agencies authorized to establish the desired regulations and are expected to express what is contained in society and achieve what is aspired.
The implementation of legal politics is a policy taken by the government at both the central and regional levels.The procedure is a collection of decisions taken by an actor or political group to choose goals and ways to achieve those goals.In principle, those who make these policies have the power to implement them (Maryam, 2016).Legal politics cannot be separated from government policies in the field of legal development (legal procedure).Legal Politics is implemented through a systematic and continuous legislative process.This places legal politics as an essential control for implementing good governance to achieve the desired national development goals.So to manifest it all requires a perfect system from start to finish.And it must be realized that society is both the subject and the object of the legal development target itself (Apriansyah, 2017).
Legal politics is the key to advancing a country in a country that adheres to democratic principles.Policies made by the authorities become a benchmark for the realization of people's welfare, including in terms of health which is a human right.Human rights are inherent in every human being from the beginning of birth that lasts a lifetime and cannot be contested.As good citizens, we must uphold the value of human rights without discrimination of status, class, descent, position, etc. Health is a human right and a unitary element of welfare that must be realized by the ideals of the Indonesian nation as referred to in Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia the 1945 Constitution of the Republic of Indonesia.
Within the scope of the Indonesian constitution, the right to health is regulated in Article 28H paragraph (1), which states that everyone has the right to a good and healthy environment and the freedom to health services.In the context of respect for people's health rights, the state's primary concern is the actions or policies of "what not to do" or "what to avoid".The state is obliged to refrain from taking steps that will hurt health, including avoiding policies to limit access to health services, avoiding discrimination, not hiding important health information, not accepting international commitments without considering their impact on the right to health, not hindering safe traditional medicine practices, not distributing unsafe drugs.
In the context of fulfilling the right to health, what should be done by the government is to provide health facilities and services, adequate food, information and education related to health, prerequisites for health services and social factors that affect health, such as gender equality, equal access to work, children's rights to identity, education, freedom from violence, exploitation, sexual crimes that have an impact on health (Mardiansyah, 2018).To fulfil the request to health, states must take steps both individually, assisting and working together internationally, especially in the economic and technical fields to the extent available resources, to progressively achieve the realization of the right to health as mandated in article 2 paragraph (1) International Covenant on Economic, Social and Cultural Rights (ICESCR).Therefore, the right to people's health is a responsibility that must be fulfilled by the government, both through the support of the provision of infrastructure and regulations that accommodate the implementation of the right to health.
Traditional medicine is one of the options for the community in seeking solutions to health problems.Its use by the community is not only as a health service provider but also as a life advisor (Asmawati et al, 2018).According to the Decree of the Minister of Health of the Republic of Indonesia Number 1076, traditional medicine is treatment and treatment by means and drugs that refer to empirically hereditary experience and skills that can be accounted for and applied by society's norms.Traditional medicine is often used to treat diseases for which there is no cure or in urgent situations where medicines are not available or because people's purchasing power cannot afford them.
According to the Law of the Republic of Indonesia Number 36 of 2009 concerning Health, traditional medicine is an ingredient or ingredient in the form of plants, animal materials, mineral materials, preparations of extracts or mixtures of these materials which have been used for generations for treatment based on experience and can be applied according to with the norms prevailing in society.According to Rona et al (2015) traditional medicine can be grouped into three, namely: (i) Jammu is a traditional medicine derived from plant, animal and mineral materials or a mixture of these materials which has not been used and is used in treatment efforts based on experience.
Picture 1. Jamu (ii) Natural extracts are traditional medicines that are served from extracts or extracts of natural ingredients, which can be in the form of medicinal plants, animals, or minerals, to carry out the process and require supporting workers with knowledge and skills in extracting, in addition to production processes with advanced technology In general, this type has been supported by scientific evidence in the form of pre-clinical studies such as standards for the content of nutritious ingredients, criteria for making medicinal plant extracts, standards for making traditional hygienic medicines, and acute and chronic toxicity tests.

Picture 2. Natural extracts
(iii) Phytomarca is a drug preparation that has proven its safety and efficacy; the raw material consists of symposia or galenic practices that have met the applicable requirements.Phytomarca is a form of traditional medicine that can be equated with modern medicine because the manufacturing process has been standardized and is supported by scientific evidence up to clinical trials in humans.
According to the Health Law, traditional health services are treatment and treatment with methods and drugs that refer to empirically hereditary experiences and skills that can be accounted for and applied by the norms prevailing in society.This means that the implementation of traditional medicine is an inseparable part of implementing national health services.The performance of conventional health services is fostered and supervised by the government so that the benefits and safety can be accounted for.The community is given the amplest opportunity to develop, improve and use traditional health services whose benefits and security can be accounted for.
However, this opportunity does not seem to apply to traditional medicine using tobacco media.In Article 113 of the Health Law, tobacco is an addictive substance that endangers health.Likewise, the mention of tobacco in Government Regulation No. 109 of 2012 concerning Safeguarding Materials Containing Addictive Substances in the Form of Tobacco Products for Health.While what is meant by addictive substances are substances that cause addiction or dependence that endanger health with marked changes in behaviour, cognitive, and physiological phenomena, a strong desire to consume these materials, difficulties in controlling their use, giving priority to the use of these materials over other activities, increasing tolerance and can cause withdrawal symptoms (Julina, 2017).
The anti-tobacco campaign model always uses health weapons, giving warnings where tobacco is dangerous to health to a person or the general public to stop using tobacco.Various medical research results that discredit tobacco are used as a tool to disprove arguments about other benefits of smoking.This method is carried out on a large scale and uses state power tools and information that is easily digested by ordinary people's minds.
A massive campaign about the health hazards posed by tobacco/cigarettes began when the United Nations, through the WHO, published a regulatory document on tobacco worldwide, namely the FCTC.The FCTC conventions and protocols aim to protect current and future generations against the damaging health, social, environmental and economic consequences of tobacco use and exposure by providing a framework for tobacco control efforts to be implemented by relevant parties at the national, regional and international levels to reduce the habit of sustainable use of tobacco (Hadi, 2011).
Health fascism is a paternalistic view of the importance of health that must be realized through state power, unilaterally targeted at specific target groups, by spreading moral panic discourse about the consequences of health that can occur.In the antitobacco campaign, the moral panic appears in the form of the dangers of nicotine and tar as a hegemonic culture that is spread among smokers and non-smokers.Professionals, especially doctors and pharmacists, generally spearhead this.
An element of pharmaceutical industry marketing is an anti-tobacco campaign.There is an undeniable relationship between the pharmaceutical industry and the anti-tobacco movement.The goal is to give people nicotine addiction drugs to quit smoking.The ongoing anti-tobacco campaign, paving the way for the continued sale of medicines known as Nicotine Replacement Therapy (NRT).Large pharmaceutical companies whose shares are owned by financiers and industrialists such as Bill Gates and his ex-wife Malinda, Rockefeller, Michael Bloomberg are noted to be very active in manufacturing and selling "smoking cessation" products very aggressive in their anti-tobacco campaign.Another plan carried out by the capitalists is to control the education and research authority with the power of their capital so that the university's role with all its research is nothing more than a mouthpiece for the interests of capitalism.
The negative opinion about cigarettes popular in Indonesia is more based on the results of case studies abroad.This happens because the culture of researching and being critical of the Indonesian people, including the scientific community, is still very minimal.Scientific theories about tobacco that are harmful to health are considered facts that are close to the truth.
However, science will continue to change along with the discovery of new facts.Science aims to replace the progressive notion of truth, science as a work of exploration that is constantly approaching some of the goals set by the ever-expanding nature, likewise with the negative stigma of tobacco that can cause death, because currently, scientists can tame the dangers of tobacco and use the smoke from burning tobacco as an effort to cure disease.One of them is research conducted by Dr Arief Budi Witarto, M.Eng., a researcher from the Center for Biotechnology Research, Indonesian Institute of Sciences (LIPI).According to Dr Arief, tobacco which has received a negative stigma for human health does not always have a negative connotation as a cause of cancer.In his research, Dr Arief tried to produce an essential protein called Growth Colony Simulating Factor (GCSF) using tobacco as raw material.From the results of this research, it was possible to have an anticancer protein.
Other research by Indonesian scientists was carried out by Prof. Sutiman Bambang Sumitro, Dr Gretha Zahar and the research team at the Free Radical Decay Research Institute (LPPRB) Malang.They examined the components of cigarettes and their smoke to be used as a means of treatment.Regarding the choice of kretek cigarette smoke as a research study, this is based on subjective reasons.These reasons include that kretek cigarettes are a unique product of Indonesia, ancestral heritage, and almost all components of kretek cigarettes are available and abundant in the country.Besides that, millions of Indonesians also depend on the livelihoods of the people behind the kretek business, namely tobacco farmers and cigarette factory workers.
One of the tobacco products is cigarettes.Of the thousands of components in cigarette smoke, about 4,600 components, there are three main components, namely tar, nicotine and free radicals, one of which is mercury.Mercury by Dr Gretha Zahar, identified as the most dangerous, not only to human health but also to the environment.The presence of mercury particles that became the source of the disaster prompted the thinking of researchers at LPPRB to find solutions to overcome them, especially mercury in the human body which triggers various diseases.Through research, Dr Gretha Zahar invented a free radical scavenger and scavenger in a unique formula based chiefly on amino acids and other ingredients, called a scavenger.
Furthermore, the scavenger is integrated with tobacco so that the smoke from burning tobacco can be used as a means of treatment.The product of this research is called divine kretek.The divine principle of kretek is to capture the mercury contained in tobacco with a scavenger.Eliminating free radicals, especially mercury in cigarettes, is a strategy used to make kretek smoke safe.Scientists at LPPRB Malang found that free radicals in kretek smoke can be controlled 100% with a scavenger.The divine kretek smoke is then used to attract and leach mercury particles in the human body.The smoke detects and captures the presence of mercury in the body.The following process, on the brain's orders, is taken to the digestive tract and excreted with faeces; besides that, the mercury is also passed through the body's pores.The results of tobacco research by the team at LPPRB have also proven its benefits through other studies conducted by several universities in Indonesia, including researchers from Jenderal Sudirman University, Diponegoro University, Brawijaya, and Wahid Hasyim University.From the results of data collection for treatment volunteers using the divine kretek smoking method, data has been collected for 3000 patients with a percentage of success (recovering/improving quality of life) of 70% (Prof. Sutiman B. Sumitro, personal communication, April 19, 2021).
Dr. Gretha then uses divine kretek as a refiner of the treatment process with the balur technique, which she previously carried out at the balur house in Jakarta, Malang, Bandung, Semarang, Bali and Yogyakarta to treat cancer, heart, cardiovascular, lung, spleen and stroke as well as other degenerative diseases.The establishment of the balur house and smoking therapy with divine kretek tobacco was constrained by the legality of the health department because it was contrary to the government's anti-tobacco campaign, which had been stated in several laws and regulations.

CONCLUSION
Regarding the phenomenon of tobacco being used for health therapy, as a sovereign country, the government should not base it on the results of research conducted by foreign researchers, but instead, utilize Indonesian researchers to conduct comprehensive research so that the results of a study on the benefits of tobacco can be used as a basis for researchers.Policymakers prioritize policies and policy changes to tobacco which will become legal politics in existing laws and regulations and the Tobacco Bill.This is in line with the vision and mission of the 2017-2045 National Research Master Plan.Erin's idea is that Indonesia is competitive and sovereign based on science and technology.Meanwhile, RIRN's missions are: First, create an innovative Indonesian society based on science and technology; Second, to create a research-based global competitive advantage for the nation.With policies that do not discredit tobacco used for therapy, it can contribute to the recognition of tobacco as a medium of traditional medicine and the legality of therapeutic homes that use tobacco as a therapeutic medium.Traditional medicine using tobacco media can contribute positively to improving health degree.