The purpose of the issuance of Government Regulation Number 33 of 2012 on Exclusive Breast Feeding (“GR No. 33/2012”) is to implement the provisions of Article 129 paragraph (2) of Law Number 36 of 2009 on Health (“Health Law”).

Breast milk is the liquid that was made from secretion of the glands of the mother’s breasts (Article 1 paragraph (1) GR No. 33/2012). Exclusive breast milk is breast milk given to babies since the baby was born for a period of 6 (six) months, without adding and/or replacing it with other foods or drinks (Article 1 paragraph (2) GR No. 33/2012). Article 2 letter b of GR No. 33/2012 mentions the purpose of the regulation of giving exclusive breast milk, which is to provide protection to the mothers in giving exclusive breast milk to their babies. Every mother who gave birth must provide exclusive breast milk to her newly born baby (Article 6 GR No. 33/2012).

To support the granting of exclusive breast milk, GR No. 33/2012 prohibits the manufacturer or distributor of infant formula milk and/or other baby products to conduct program activities that may obstruct the program of giving exclusive breast milk (Article 19 GR No. 33/2012). The matters that are forbidden are:

a.  Providing product samples of infant formula milk and/or other products for free or in any form to the organizer of health care facilities, health workers, pregnant mothers, and new mothers;

b.  Offer or sale of infant formula milk directly into houses;

c.  Granting of discounts or additional or something in the form of anything over the purchase of infant formula milk as an incentive from the seller;

d.  Using of health workers to provide information about the infant formula milk to the public; and/or

e.  The advertisement of baby formula milk published in mass media, both printed and electronic, and outdoor media (the provisions of letter e of Article 20 paragraph (1) GR No. 33/2012 is excluded if conducted in the special printed media on health).

GR No. 33/2012 also regulates the obligation of the workplace manager to provide the opportunity for working mothers to give exclusive breast milk to the baby or milking (memerah susu) breast milk during the work time at the workplace (Article 34 GR No. 33/2012).

Previously, Article 30 paragraph (1) GR No. 33/2012 was mentioned that the workplace manager and organizer of the public facilities have to support the exclusive breast milk program.

The workplace manager and organizer of public facilities shall make an internal regulations that support the success of the exclusive breast milk’s program (Article 35 GR No. 33/2012). If the workplace manager and/or organizer of public facilities does not implement the provisions as referred to in Article 30 paragraph (1) and paragraph (3), or Article 34, then it will be penalized in accordance with the provisions of the legislation.

The GR No. 33/2012 was enacted on 1 March 2012.