Sovereignty above international regime: Framework of convention on tobacco control agenda in Indonesia

Abstract Framework of Convention for Tobacco Control is the international regime and norm that provides regulation for cigarette and tobacco industries in global level. Indonesia has its narrative in declining FCTC ratification proposal. This study attempts to describe Indonesian interest and sovereignty as part of third world country over FCTC as international regime. The method uses analytical descriptive with qualitative approach using sovereignty, international regime compliance, and national interest concept in the framework of international regime. In addition, dependency theory is also used to emphasize the relationship between Indonesia and FCTC. The main reason of Indonesian narrative against FCTC agenda is historical roots with national heritage and the tobacco industry contribution to Indonesia economy. In other words, iobacco products in Indonesia is no longer concern of health issues, but also the economy and culture. Beside that, Indonesia position is in line with sovereignty principle that apply also for US and Switzerland as the country which do not ratify FCTC in its national regulation on tobacco. The elaboration of this research is divided into two parts. The research found that the FCTC are not that harmful to the business of international cigarette company such as Phillip Morris International, it even creates a new business opportunity for them. The FCTC also believed to form a dependency relationship, where the industry of developing country such as Indonesia is dependent on the global interest which is mostly sponsored by developed country to be able to grow.


PUBLIC INTEREST STATEMENT
This article discusses the international regime and Indonesian tobacco policy. So far, studies on tobacco policy in Indonesia and even globally have focused more on economic and health impacts, but have not looked at the interactions between the international actors involved in them. This research discusses the position of a country towards the international regime, especially related to commodities which are one of the pillars of its economy.

Introduction
The cigarette industry has become an important industry in Indonesia's industry. Since it was pioneered from 1870 in Kudus, Indonesia (Arnez, 2009), this industry has continued to develop and become a major industry in the Indonesian economy. In historical background, even in an international forum, one of the nation's heroes in Indonesian foreign policy, Agus Salim, who was proven to fight for Indonesia's sovereignty in an international forum, said that the aroma of cigarettes (clove) was one of the reasons Western came to Indonesia to get spices (Hanusz, 2000). From this aspect, it can be said that cigarette is a treasure of Indonesia and therefore that needs to be protected from the threat of unfair competition on a global level in Indonesia's national interest.
From its contribution to Indonesian economy, there is the data that obtained from the Ministry of Finance of Republic of Indonesia explains that from 2007 to 2018, there was a significant increase in cigarette excise tax in Indonesia from year to year. In 2007 the cigarette excise tax was only 43.54 trillion rupiah, and in 2019 to 158,9 trillion rupiah or an increase of 264 percent (Gerintya, 2017;Jayani, 2019). With the increase in cigarette excise which is very significant, it also causes an increase in the amount of state revenue, especially from cigarette excise. This is due to the government continually setting a policy of increasing tobacco excise tariffs every year that began in 2007. The government policy of upraising sin tax rates greatly affects the cigarette industry, cigarette production, and state revenue from sin tax.
However, in accordance with the purpose of collecting the excise results, namely the control of cigarette consumption, the government had the chance to make a discourse on simplification and incorporation of excise tax rates from categories in each type of cigarette. This needs to be examined carefully and wisely considering the impact not only on large companies, but also on the small-and medium-scale cigarette companies. A very large potential occurs due to the policy of simplification and incorporation of excise tariffs that will harm small-and medium-scale cigarette companies.
Up to the latest data, the Ministry of Industry said the number of cigarette factories in Indonesia fell by 80.8% from 2,540 factories in 2011 to 487 factories in 2017 (Gunawan, 2018). The decline in the number of factories was due to small-and medium-scale cigarette companies closing down. This happens because the excise tax will be pushed upward with a much higher tax value. Though small and medium scale companies are the majority of the entire cigarette industry. Simplification is also is the mandatory of Framework Convention of Tobacco Control (FCTC). The international regime that regulates cigarette economy with the binding of international norms of Western values majority.
The FCTC is an international agreement on public health that was discussed and agreed upon by member countries of the World Health Organization (WHO), including Indonesia with many other developing countries such as countries in Latin America to Asia. This convention in Indonesia is interpreted as the Framework Convention on Tobacco Control. This convention has been attended by around 192 countries where 175 of them have ratified it. This conference contains a plan to impose an excise tax of almost 70% of the selling price of tobacco products by the recommendation of WHO (Walbeek et al., 2012). Countries that have ratified the FCTC are required to impose the excise tax.
There are several excesses that need to be anticipated by the government in terms of the simplification plan and the incorporation of cigarette excise tax rates which caused by FCTC possible ratification. First the government must recalculate the potential for tobacco products and illegal processed products due to the inability to pay excise due to extreme rises. Second is the possibility of choosing not to pay excise tax either in part or in whole. Third is the possibility of oligopoly or monopoly practices by large cigarette companies that have controlled the current market share and fourth is the possibility of not meeting the tax revenue target.
From the perspective of international relations, this cigarette is one of Indonesia's commodities that needs to be fought in global competition in the national interest. Challenges and demands to ratify the FCTC must be properly calculated on their impact on Indonesia's national interests. The large number of industries and their contribution to all aspects of the economy both locally and nationally also need to be calculated in relation to the demands of the FCTC ratification which has consequence for simplification and increasing excise tariff upon 70%.
Based on Indonesia's sovereignty, Indonesia has a principle of self-determination to decide what is best for its interest. It applies also in governing cigarette industry which has crucial role for Indonesia's economy until now.
According to theory, ideally developing country industries can be built according to the national interests they are pursuing. But in practice, this research finds how global interests in the form of international regimes can cause damage to developing country industries and at the same time create opportunities for new business from international companies that should be the target of the agreement. This can then be understood as a form of dependency relationship where industrial growth in developing countries that lack capital is highly dependent on the international system and global interests which are more inclined to have a lighter impact on foreign companies with capital from developed countries rather than much smaller capital power industries in developing countries.

Methods/materials
The method of this research uses descriptive analytical method with qualitative analysis. The data is obtained from secondary sources coming from academic journals, news and other documents that dealing with the development of simplification and FCTC ratification issue in Indonesia.
The elaboration of this research is divided into two parts. The first part is to describe the history of Indonesia's interest in cigarette and related to simplification issue and second is to compare other countries that has position towards FCTC ratification matter.
This research uses sovereignty and national interest concept in the framework of international regime. Sovereignty definition is based from Krasner which categorized sovereignty into four types, legal, Westphalia, domestic and interdependence sovereignty. However, this research only borrowed the concept of domestic sovereignty that can describe the phenomenon of this issue. Domestic sovereignty refers to formal organization or authority with public support that exercise effective control within the borders of their own policy (Krasner, 1999).
While the concept of national interest is claimed to be championed by realist perspective in international relations study, which coined by Hans. J. Morgenthau in terms of power. Nevertheless, in this study, national interest is not power-minded like realist approach but it is global view of national interest that has been developing since its founded by Beard in defending US national economic interest. Krasner derived national interest from two aspect; logical deductive and empirical inductive. This study borrowed the concept of national interest in logical deductive aspect that states will pursue certain objectives in achieving its development (Krasner, 1979).
Another concept that is included in this research is international regime compliance. Simmons examined four perspectives on the compliance of international regimes, namely, realist, functional, the nature of domestic regime, and normative approaches (Simmons, 1998). Raustiala elaborate causal theories of state behavior, it mentioned Rationalist, norm-driven, and liberal and added the evidence of international environment law from the architecture and private enforcement of international rules (Raustiala, 2000). The rationalist approach is driven by national interest in taking position on international regime, however, rationalist does not relegate low politics issue and in this issue is on economic and tobacco issue.
Besides that, this research also uses dependency theory that describes the relation of dependence between two or more economies, and between these and world trade, assumes the form of dependence when some actor (the dominant ones) can expand and can be self-sustaining, while other countries (the dependent ones) can do this only as a reflection of that expansion (Kvangraven, 2021), which can have either a positive or a negative effect on their immediate development. Dependency theory stresses the important role of external and foreign factors in the development of underdevelopment (Ynalvez & Shrum, 2015, p. 151). One of these external factors is the international regime which is sometimes viewed as the part of or used as an instrument of the bourgeois class to hinder the economic development of underdevelopment. On this case is the relations between FCTC international regime with Indonesia tobacco industry.

Results and discussion
Indonesia and cigarette have strong ties with memorable story and identity. Cigarette is also closely related to Indonesian independence diplomacy which can demonstrate Indonesia's sovereignty in the international world at that time. Agus Salim as Indonesia's top diplomat once made Prince Phillip of England stunned by his words in the coronation of Queen Elizabeth who had been warned not to smoke but instead showed that clove cigarettes were the thing that made Europeans come and try to colonize Indonesia (Sularto, 2004).
In terms of regulation, cigarettes and Indonesia are of the same age. It is characterized by how the Indonesian government has always been concerned in making policies with its raw material, namely tobacco. The very old regulation is the existence of Krosok Ordonnantie 1937. The regulation discusses a legal entity called "Krosok Centrale" (Negara Kesatuan Republik Indonesia, 1955) and which has the task of taking necessary actions to improve the production and processing, trade and market of krosok tobacco, namely tobacco planted on owned land people.
The complexity and importance of the problem of tobacco and cigarettes cannot be denied from every issue that arises so that it gets the attention of the entire public. The demand for cigarette prices of Rp 50,000 per pack in 2015 that issued by academician from University of Indonesia (Thabrany & Laborahima, 2016) has been severely challenged by the components of farmers and entrepreneurs because it is less realistic. Even the discussion reached the president. Two years in a row, every time the excise tax increase also always gets to the president's desk.
The positive and negative effects of tobacco forced the government to be more careful in developing policies related to cigarette control. The application of excise duty to cigarettes is a policy that is often used to reduce the number of smokers. Indonesian economists argue that increasing excise tax is considered an effective way to reduce consumption (Hidayat & Surjono, 2016). According to Chaloupka et al (Chaloupka et al., 2000) a 10 percent increase in the excise tax rate from retail prices would reduce cigarette consumption by 4 percent in developed countries and 8 percent in developing countries. The policy of implementing excise tax in Indonesia has changed several times.
Indonesia has made several simplifications or merging cigarette excise tariffs. From 2014 until now, the government has simplified or merged cigarette excise tariffs twice, namely in 2015 and 2018. In 2015, the simplification or merger occurred in machine made kretek cigarette (SKM) types and in 2018 occurred on handmade kretek cigarette (SKT). With the policy of simplification or incorporation of cigarette excise tax rates will have an influence on state revenue on cigarette excise tax.
Simplification or incorporation of cigarette excise tax rates that have already taken place generally results in the uniformity of excise duties on all types of cigarettes (Uniform tax). This caused several types of cigarettes which initially had a low excise rate to increase. From the low excise tax value of cigarettes which will then be affected by the simplification or merger, the excise will significantly increase following the new tariff of the simplification or merger, causing the selling price of cigarettes to be higher. On the other hand, cigarettes which have a higher initial excise value have no change after they have been affected by the simplification of the tax.
Also applies to the FCTC agenda. According to the Indonesian Ministry of Industry, FCTC rules are feared to be more stringent and vulnerable to coercion of foreign interests (Miftahudin, 2016). Among the criticisms that arise against the FCTC are the possibility that the instrument is used as an instrument of interest from certain countries to control or even intervene in other countries.
Until January 2015, 187 countries had signed the FCTC and left nine countries that had not, namely Andora, Eritrea, Liechtenstein, Malawi, Monaco, Somalia, Dominican Republic, South Sudan and the only country from Asia, Indonesia. The Indonesian government was actually actively involved in the discussion of the FCTC as a drafting member and has also adopted the FCTC in the World Health Assembly, but at the last second the Indonesian Government canceled the signing of the FCTC document to its final limit on 31 May 2003. This makes Indonesia the only country in Asia that does not sign the FCTC.
The process of making the FCTC involved 192 WHO member countries, including Indonesia which was fully involved as drafting members from the beginning of the preparation to completion where the delegation sent consisted of various departments or ministries, including the Ministry of Health, the POM Agency, the Ministry of Trade, Industry, Finance, Labor and Agriculture.
These various departments or ministries also have their own attitudes and views towards this FCTC. The Ministry of Industry, for example, has its own attitude which states that ratification of the FCTC is considered unnecessary. This is because that Indonesia already has its own health regulations namely PP No. 109/2012 (Miftahudin, 2016).
The FCTC was agreed at a world health session on 21 May 2003 where Indonesia should have participated in signing the document at that time. But when the Minister of Health was at the airport waiting for a flight to New York, he was asked to return by the President so that Indonesia canceled the FCTC (FCTC Untuk Indonesia, 2015).
One of the government's considerations is the disruption of the welfare of tobacco farmers in Indonesia. Because, in president view, with the signing of the FCTC will have an impact on the cigarette industry which is a place to hang the lives of these farmers (Amindoni, 2016). The survival of tobacco farmers, tobacco workers who live and depend on the tobacco industry, also needs to be considered because the amount is not too small, but it involves a large number of people. This was conveyed by President Jokowi at the 2016 threshold (Amindoni, 2016).
In fact, without ratifying the FCTC alone, the Indonesian tobacco industry has faced many challenges, including the government's policy to raise cigarette excise tax by 8.72% (Jati, 2014). This policy, in addition to being a burden for tobacco farmers, can also affect consumers. The tobacco industry is becoming increasingly heavy in its production, because the burden on the industry will be more expensive, and many cigarette factories may be able to stop operating. Both upstream and downstream will be affected.
If judging from the aspect of legality, the tobacco business both in the form of agriculture and the cigarette industry is not an illegal business, but a legal business. This industry is also proven to contribute a lot to state revenue. The state as a protector of its citizens should protect every citizen including the tobacco industry which involves a lot of human resources and has been established for a long time.
FCTC in the view of the Indonesian tobacco industry is considered an obsession of developed countries that are forced on developing countries. The tobacco industry clearly opposes the existence of the FCTC. They doubted that the FCTC was the result of negotiations and considered that the FCTC could seize the rights of national governments in determining tobacco policies in the country. In addition, the FCTC is considered an obstacle that will damage the economic order.
Until now, the Indonesian government, in this case the president is still reluctant to sign the accession carried by the world health agency, WHO. In addition to the president, the Ministry of Industry and the Ministry of Agriculture recently also disagreed with the FCTC framework. This president's step deserves appreciation as a form of protection of national interests. Because, through the FCTC is seems to be considered to be used to seek profits from pharmaceutical companies, white cigarettes, and tobacco-producing countries Virginia (DM et al., 2011).
Based on Kretek Community opinion as the pressure group in this issue (Kretek, 2017), there are at least five reasons why Indonesia should reject the FCTC, including the following, namely, the first reason is tobacco as a strategic commodity. Indonesia is one of the countries producing high quality tobacco in the world such Deli.
Although not native to Indonesia, tobacco has been cultivated by farmers for hundreds of years. Based on the finding of Kretek community, there are hundreds of tobacco varieties cultivated by farmers on an area of 250 thousand hectares. Many regions are famous for tobacco products such as Sumatra, Java, Bali, Sulawesi, Madura, and Lombok. The Indonesian tobacco and kretek companies absorb 80 percent of local tobacco production. Not only for cigarette products, tobacco is also used by people in daily life such as hosting and customary processions. In addition, there are several varieties of tobacco cultivated by farmers exported abroad for the manufacture of cigars, such as Vorstenlanden and Deli. Tobacco is one of the commodities that can enhance Indonesia's product in global market.
The second reason is kretek as the masterpiece of the Indonesian people. Since the beginning of 19 th century, in Kudus, clove or kretek is discovered. Talking about the tobacco industry also cannot separate it from the national clove industry. Talking about kretek also cannot be separated from the long process of history to the present. Clove is different from white cigarettes. Clove is a proof of the richness of Indonesian cultural products. Kretek uses local tobacco and native products from Indonesia, cloves, and others. Compared to the sales data of cigarette type with the simplification process, kretek type sales declined after the simplification of excise tariffs.
The third reason is the vulnerability of upstream-downstream workers. Based on the production up to 300-billion-unit cigarettes, this industry has been involving millions of human resources in that process. Kretek Community mentioned the tobacco and clove industry are labor intensive industries. According to data from the industrial ministry there are 6.1 million workers absorbed in the tobacco industry from upstream to downstream. The number includes 2 million tobacco farmers, 1.2 million clove farmers, 600 thousand cigarette factory workers, 1 million retailers, and 1 million printing and advertising workers (Afriyadi, 2019). The loss of livelihoods will have a direct impact on the welfare of the Indonesian people.
The fourth reason is the decline in state income. The largest state revenue from excise is obtained from the tobacco processing industry. The target that is set by government in excise income has always been fulfilled by the main contribution from cigarette sector. For state income figures from this excise has increased. One of the reasons is because of the increasing excise tax. Not to mention the economic turnover from other fields, such as cloves. The amount of clove production absorbed into the national kretek industry reached 98 percent (Hadiyantono, 2018). Consequently, in some clove producing areas reject FCTC because it will damage the welfare of clove farmers.
The fifth reason is the spillover effect of ratification of the FCTC. This is because international regulations sometimes have an impact on other aspects. Economic, cultural, and legal aspects are also the most severely affected when the agreed international regulations change over time into regulations that pressurize countries that have little interest in the field. The similar thing was also expressed by Ministry of Industry and Ministry of Agriculture of Republic of Indonesia related to the plan of revision of government ordinance number 109 in 2012 about Safeguarding Materials Containing Addictive Substances in the Form of Tobacco Products for Health, that plan similar to FCTC and tend not involve other ministries in the discussion of that plan and tend to endanger the interest of tobacco industry in Indonesia (Ridwan, 2019).
It must be compared with other nations which also has a position towards FCTC matter. The table 1 below can describe the comparison of countries and its international law status: Fromthe table above, the main country which has global tobacco companies such as USA and Switzerland as the global headquarters and tax friendly country for global tobacco companies did not ratify the FCTC. Based on sovereignty aspect, the same standard also applies for Indonesia which cigarette industry has significant contribution for Indonesia's economy.
In addition, the regulation that apply in FCTC ratified country will explain at some part. First, United States, in connection with the process of ratification of the FCTC in the United States, this involves the incorporation of international law into domestic law. This integration is not easy, because it requires various complex processes and depends on the country's legal system that is different and unique from each country. For an international legal product or treaty to be implemented in the US, based on their legal rules, the agreement must be ratified by two-thirds of the Senate under the constitutional treaty clause. Then in order to be fully enforced, a domestic law related to this matter must also have been passed (Mackey et al., 2014).
The current condition in the United States is that the FCTC has been signed but has not yet been ratified. Signing without ratification does not require actions and obligations stipulated in the agreement, but in practice signing without ratification can still create certain obligations under customary international law. The most important thing is that the signatory will not take actions that will actually damage the objectives and conditions of the agreement itself as a whole. If a regulation has been ratified, in this case the FCTC if it meets the requirements for ratification, then it will be the law of the country as the law of other countries in the United States such as federal law.
Switzerland became a country that did not ratify because it felt that the support of its own people was still lacking. Not all political forces in Switzerland want a ratification of the FCTC so that it can be said that there is not enough political power in Switzerland to make the FCTC fully applicable in Switzerland. In addition, on the other hand Switzerland is the headquarter of Philip Morris, British American Tobacco, and Japan Tobacco International which is considered to have a strong influence on the domestic politics of Switzerland itself although in fact, Switzerland is only a small producer of tobacco products (SWI, 2018).
Smoking rules in Japan on a national scale are that smoking is prohibited or totally restricted in public spaces, especially indoors, such as work spaces, offices, in public transportation, and the like. However, there is no Picture Health Warning like in Indonesia. Furthermore, the implementation has another obstacle in executing penalty for non-property owner, manager, or entrepreneur who violate the rule. Japan apply Non-binding guidelines in this direction (Tobacco Control Laws, 2020b).
The most interesting in Japan is that there is two large prefectures that established ban smoking with penalties to non-compliance citizen in indoor public spaces (Tobacco Control Laws, 2020b). In addition, smoke-free regulations for busy urban streets and sidewalks are generally accepted throughout the country. In practice, various restrictions on tobacco advertising, promotion of tobacco and tobacco sponsors are established in the rule of law. But tobacco advertising itself is not prohibited by law. The form of advertising restriction that occurs is considered an obligation of awareness for the tobacco industry players that is carried out independently. In this case,

2018-2019
Regarded as the golden age of ENDS industry in Indonesia by APVI.
In that year PMI also planning to cooperate with APVI to build a pod (part of ENDS) factory in Indonesia. An investment that would cost about 50 million dollars.
Note: Illustrated by the Authors sometimes the regional (subnational) rule of law can enforce more than national law (Tobacco Control Laws, 2020c).
In addition to closed spaces, Thailand also bans smoking in some open areas such as sports facilities, sporting venues in all types, open parks, zoos and amusement parks, children's play areas, and also markets. Cigarette advertisements and tobacco promotions are prohibited but sponsorship from the tobacco industry is permitted.
In Thailand, the warning sign on cigarette packaging in Thailand is 85% of all cigarette packs both front and back. This warning sign is also applied to handmade tobacco products or handrolled products and cigars. Labeling and misleading words are also prohibited.
The law gives authority to regulate the contents of cigarettes, but no further regulations are issued. The law requires producers and importers to disclose information to government authorities about the contents and emissions of their products.
Based on the study that conducted by Charoenca et al. (2018), Thailand only has advanced implementation in articles 6,8,11,12,14,15, and 16 of FCTC. The main challenge is lack of enforcement and regulation process as well as public awareness (Charoenca et al., 2018). Area Declaration Malaysia makes a policy on packaging in its country, with the stipulation that every cigarette product in Malaysia must put up six rotating health warning pictures, the size of which is 50 percent of the packaging on the front and 60 percent of the packaging on the back. In addition, on the side of the cigarette packaging, qualitative (descriptive) constituents and messages containing the number of emissions must be included (Tobacco Control Laws, 2020a).
In the case of Indonesia, the phenomenon of the existence of the international FCTC regime can be seen as something that causes favorable conditions and becomes an entry point for multinational companies to damage the tobacco industry sector in this developing country, when viewed through the lens of dependency theory. As is well known, the tobacco industry plays a significant role in economic wheel rotation in Indonesia. However, the industry continues to be under pressure from both outside and within the country. The pressure from abroad not just comes from FCTC agreement but also comes from various other international organizations such as the Asia Harm Reduction Forum (AHRF), The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), Network of Nicotine Consumer Organizations (INNCO), Foundation for a Smoke -Free World (FSFW). Meanwhile, in the country, a lot of pressure comes from the health sector where in addition to the physical prohibition that is intensively carried out, they also pay attention to the advertising context about the variety of cigarette products that seem safe for health, such as Mild, light, low tar, full cigarettes. flavor, fruit flavored, chocolate flavored, natural, additive-free, organic cigarette, PREPS (Potentially Reduced-Exposure Products), harm-reduced or others. Health circles remind that tobacco products in various types, disguised by any name and taste are equally dangerous (Rachmat & Aldillah, 2010). In addition, there are criticisms from various civil society institutions against the Indonesian government for not increasing cigarette excise. The policy is considered to show the government's alignment with the cigarette industry instead of the community, especially women and children. The criticism was conveyed by Lentera Anak Indonesia, the Center for Indonesia's Strategic Development Initiatives (CISDI), the Jakarta Citizens Forum (FAKTA), the Center for the Study of Social Security (PKJS), the University of Indonesia, and the Network of Women Concerned about Tobacco Control (JP3T) under the coordination of YLKI (Putri, 2021).
Not to mention the various inflows of foreign funds into Indonesia to support the anti-smoking campaign. Such as the Bloomberg Initiative which has sent funds of up to 105.308 trillion rupiah to various NGOs, universities, and ministries with varying amounts depending on the campaigns carried out by each institution. The following is a list of recipients of campaign fund flows from Bloomberg (Pratomo, 2016): This condition threatened the Indonesia's sovereignty to defend its national tobacco industry which have become one of the primary sources for economic income. It also threatens millions of Indonesians who work rather than the tobacco business. Although not part of the FCTC regime, in the end, tobacco policy in Indonesia also experienced a shift. According to the Coordinator of the National Committee for the Preservation of Kretek (KKNP) in the past five years, the Indonesian government's policy for the tobacco industry is considered not to support the business climate. Although it has not ratified the FCTC agreement, the policies implemented have adopted the commitment points of the global agreement. One of them can be seen from the gradual increase in excise duty in five years which has reached almost 200 percent as the FCTC target (Puspasari, 2020). If left unchecked, it is not impossible to say even without ratifying the FCTC, Indonesia's tobacco policy adapts to the regime framework sooner or later.
Even so with all these pressures and changes in fact they only have a major impact on workers and national cigarette companies that still rely on cigarette products while giant multinational companies operating in the same field such as Phillip Morris International (PMI) can still do business by utilizing ENDS technology (Electronic Nicotine Delivery Systems) or e-cigarettes. The FCTC agreement is known to still have loopholes that can be exploited in terms of its regulation of ENDS and HTP, both of which are still not classified as tobacco products (Gruszczynski & Melillo, 2020) (although they also have harmful impacts). This weakness is used as an entry point for PMI to open an e-cigarette business in Indonesia. (See Table 2).
It was known that in 2005, along with the entry into force of the FCTC agreement, PMI acquired a majority of stake (92.5%) in PT HM Sampoerna, one of the leading tobacco companies in Indonesia. Through this route, PMI can have greater control over the country's cigarette industry, which is also one of the largest cigarette consumers in Asia. While there was a lot of pressure on the tobacco industry due to the existence of the FCTC regime, it was found that PMI also became a source of funds for various activities that support ENDS and reject traditional cigarettes, which incidentally their biggest business. Some of these findings, such as the flow of funds from PMI to the Coalition of Indonesia Free of Tar (KABAR), which consists of the Foundation for Public Health Observers (YPKP) and the Association of Doctors of Community Medicine and Public Health (PDK3MI), is said to have been funded by the Hand in Hand Foundation, PT. HM Sampoerna, and (Indonesian Personal Vaporizer Association) APVI. Based on the research, it was also known that there was a flow of funds from PMI to the 2017-2018 Asian Harm Reduction Forum (AHRF), where the speakers at the forum were grantees from the Foundation for a Smoke-Free World (FSFW). Since 2018 FSFW has funded studies and scholarships aimed at supporting the adverse effects of tobacco, and one of the funders is PMI. PMI also cooperates closely with APVI to run its business in the field of e-cigarettes. According to APVI, in 2019 PMI expressed their plan to establish a liquid and pod factory with an investment value of an estimated 50 million dollars. Therefore, it can be understood that the signing and ratification of the FCTC agreement by Indonesia will only bring destruction to the local tobacco industry which lacks capital and technology sooner. Meanwhile, multinational companies such as PMI can easily change their business direction by taking advantage of the existing pressure (including from the international regime) to sell products that actually still harmful as traditional cigarettes, namely e-cigarettes. This shift in business product is also seen as still being able to generate large profits for the company because of the rapid growth of e-cigarette users themselves in Indonesia. Therefore, from the perspective of dependency theory, the FCTC regime can be referred to as one of the instruments used by foreign multinational companies from core countries to destroy industry and development owned by developing countries.
For the compliance on international regime, Indonesia as rationalist state tends to protect its tobacco industry mainly for its small and medium tobacco enterprises for not ratifying FCTC. The one of hidden reasons that highlighted by Indonesian political analyst of policy for not raising tobacco excises and not simplify the tax category in 2019 is also for gaining support on election. It means tobacco sector still plays important role on political aspect in Indonesia mainly for gaining support from grassroot in the significant number of voters in East and Central Java as the central production of tobacco industry. In rational aspect, for not ratifying FCTC is also a part of Kretek (Clove Cigarette) protection as the national product from Indonesia.
From the aspect of international relations, Indonesia as a third world country has the sovereignty not to ratify the convention in line with the US and Switzerland which are also sovereign countries, because it is related to their national interests and also cigarettes especially clove cigarettes are very closely related to Indonesian culture. The regulation itself, Government Ordinance number 109 in 2012 which regulates tobacco products including cigarettes. The data also shows that countries which ratified the FCTC are also not necessarily more stringent than Indonesia, such as the Picture Health Warning problem.
Until now, Indonesia has not adopted FCTC since there are still many things that are being considered at home. In addition, Indonesia's submission to an international regime in this case the FCTC has a high risk, because if it does not really touch national interests, the decision will only bring Indonesia into a country that is forced to follow global pressure that is not necessarily in line with Indonesia's interests.
Tobacco products in Indonesia no longer concern health issues, but also the economy and culture. The cigarette industry in Indonesia is a major contributor to state revenue in the form of taxes and excise. The tobacco industry in Indonesia is also an industry with a large number of people who depend on it. The welfare of tobacco farmers in Indonesia is one of the factors why the government has yet to ratify the FCTC, bearing in mind the large number of people who depend on this industry.

Conclusion
Therefore, the simplification and FCTC ratification agenda, that needs to be a concern of all people in viewing and managing the tobacco or cigarette sector in particular is not only seen from the economic side alone but other aspects that are quite important and concern the lives of many people and the identity of the nation. In Indonesia's national interest, simplification and ratification of FCTC are not in line at the same direction. Sovereignty is the foundation of a country and it applies for Indonesia by not signed and ratified FCTC. although it has not been ratified, the fact that the funding collusion which exists between the international tobacco industry and international anti-tobacco organizations could be an obvious sign of how the capitalistic enterprise could still actively guarding their interest in front of an international regime which should be harmful for them. In turn the international regime itself becomes an instrument which forms a kind of international dependency that binds the industrial development of developing countries like Indonesia with the global interest which is mostly sponsored by developed countries.