Muhammad Al Azhari – President Susilo Bambang Yudhoyono signed a presidential regulation providing legal cover for the distribution and control of alcoholic beverages in Indonesia, replacing a 1997 decree that was abolished by the Supreme Court in 2012 after religious groups lodged a number of appeals.
The new regulation (Perpres), which was signed by the president on Dec. 6 but has only just been made public, classifies alcohol into three categories – drinks with less than five percent alcohol, between five percent and 20 percent, and more than 20 percent.
Beverages with more than five percent alcohol can only be sold in licensed premises like bars, restaurants, hotels and clubs. Drinks with less than five percent can be made freely available in modern retail channels like Alfamart, Indomaret, Carrefour and Hypermart.
The Perpres gives stronger authority to regional leaders – district heads and provincial governors – to regulate the distribution of the liquor within their area.
The new rule has been welcomed by officials in the entertainment sector. "This is a good news. The new Perpres gives back legal certainty for alcoholic distribution in the country," said Hariyadi Sukamdani, a deputy chairman at the Indonesian Hotel and Restaurant Association (PHRI). Cyprianus Aoer, director executive at PHRI, said that it was not much different from the abolished Perpres.
One reason given for the earlier appeal was that the previous regulation seemed to overrule regional autonomy. But despite the apparent grey area many districts across the country, including Depok, Indramayu and South Tangerang, issued bylaws banning alcohol distribution locally.
Another provision in the new Perpres specifically prohibits the sale of alcohol near places of worship, schools and hospitals.
The new regulation is already courting controversy with religious groups claiming it does not give stronger backing to the regions that want to ban sales of alcohol "Whether it will be legally challenged again or not, let's first see the implementation of this Perpres," said Cyprianus.
Aboe Bakar Al-Habsyi, a lawmaker from the Islamic Prosperous Justice Party (PKS), said that the Perpres will create new uncertainty over the distribution of power between the central and regional governments.
The new regulation comes as several people have died in recent weeks from drinking illegally brewed alcoholic drinks in Jakarta and East Java. A number of foreign tourists visiting Bali have reportedly died from methanol poisoning after drinking traditional rice wine known locally as arak.