Legal News Update
Contributors: Almaida Askandar, S.H., MBA, Nita Damayanti, S.H., and Rania Adhara Safira, S.H.
Published on 30 August 2026 by IABF Law Firm, Jakarta, Indonesia.
Indonesia Introduces Broader Rules on Drug Promotion and Advertising
On 16 April 2026, Indonesia’s Food and Drug Authority (Badan Pengawas Obat dan Makanan or “BPOM”) enacted BPOM Regulation No. 7 of 2026 on Drug Promotion and Advertising (“BPOM Regulation 7/2026”), which was subsequently promulgated and took effect on 29 April 2026. The regulation revokes BPOM Regulation No. 2 of 2021 and introduces a broader framework covering not only drug advertising, but also promotional activities, promotional personnel, digital channels, sponsorship, risk management, prohibited sales practices and enforcement.
Key Changes
| Area | Key Development |
| Scope | The regime now covers both promotion and advertising. |
| Prescription drugs | Promotion and advertising are limited to scientific media for medical and healthcare professionals, including restricted-access channels and e-detailing. |
| Promotional personnel | Medical representatives, product specialists, sales personnel, and other formally appointed persons must meet qualification and training requirements. |
| Risk management | Pharmaceutical businesses must implement controls over promotion-related risks, including inventory, shelf life, and supply chain integrity. |
| Prior approval | The categories of advertisements exempt from prior BPOM approval have increased from four to eight. |
| Digital channels | Two-way communication on social media is permitted, but may not be used for direct drug-sale transactions. |
| Commercial incentives | Broader restrictions apply to gifts, bonuses, excessive discounts and other sales-linked incentives. |
| Enforcement | Sanctions may include suspension of activities, revocation of marketing authorisations and revocation of CDOB certificates. |
Promotion Personnel and Internal Controls
Medical representatives, product specialists, sales personnel and other formally appointed personnel are recognised as promotion personnel under Article 10. They must have adequate knowledge of the relevant product, communication, marketing, promotional ethics, pharmacovigilance and applicable regulations, and businesses must provide training and establish procedures to supervise their activities (Article 11). Promotion personnel are also required to report drug-safety information received during promotional activities (Article 10(5)). In addition, Article 8 requires relevant businesses to address promotion-related risks, including inventory management, demand, shelf life, supply-chain integrity and return or outright-purchase arrangements.
Prescription Drugs and Digital Promotion
BPOM Regulation 7/2026 distinguishes between prescription and non-prescription medicines. Prescription medicines may only be promoted or advertised through scientific channels directed to medical or healthcare professionals (Articles 4 and 5). Restricted-access forums and e-detailing, including scientific brochures, professional presentations and digital technologies, are expressly recognised under Article 9. Pharmaceutical companies may display limited prescription-drug information on their official websites as part of their corporate profile, limited to product packaging, trade name, composition and/or strength (Article 7). Electronic pharmaceutical platforms are prohibited from making prescription-drug information publicly accessible for advertising, promotion or direct-sale purposes (Article 37), while two-way social-media communication may not be used as a direct purchase or sale mechanism (Article 38).
Restrictions on Promotional Practices
Under Article 35, regulated businesses may not directly or indirectly provide money, goods or other benefits to the public, medical professionals, healthcare professionals, or their families or affiliates where the benefit is linked to product sales. Article 36 further prohibits practices such as prescription arrangements intended to boost sales, multi-level marketing, disguised promotion through research activities, distribution of samples to the public, product bonuses, excessive discounts and commission-based discount mechanisms. Individuals are prohibited from independently promoting or advertising medicines, except where formally appointed by a pharmaceutical company as advertising talent (Article 39). This is particularly relevant to influencer and content-creator arrangements. Sponsorship to medical or healthcare professionals remains permissible, subject to applicable laws and regulations (Article 12).
Advertising Content and Approval Requirements
Under Article 13 and Annex I, drug advertisements must be objective, complete and non-misleading and consistent with the relevant marketing authorisation. Misleading or excessive claims, including statements suggesting that a drug is completely “safe”, “harmless” or free from side effects, are prohibited. Visual advertisements must generally include public information contact details, except for advertisements lasting less than six seconds (Article 17). Non-prescription medicines advertised to the public generally require prior BPOM approval (Article 18). However, Article 31 provides eight exemptions, including product packaging images, price lists, advertisements with changes only to advertising talent or layout, internal advertisements, and materials intended exclusively for medical or healthcare professionals. Certain medicines are also subject to mandatory product-specific information under Article 15 and Annex II. Notably, anti-allergy medicines have been added, while anaemia medicines are no longer expressly included.
Enforcement and Transition Period
Under Article 42, BPOM may impose administrative sanctions including:
- warning;
- severe warning;
- temporary suspension of activities;
- revocation of a drug marketing authorisation; and/or
- revocation of a CDOB certificate.
The procedure for imposing sanctions follows the applicable BPOM rules on follow-up supervision of drugs and drug substances (Article 43). Under Article 44, advertising approval applications submitted before 29 April 2026 continue to be processed under BPOM Regulation 2/2021. Existing approvals remain valid to the extent they comply with BPOM Regulation 7/2026, while non-compliant advertisements must be adjusted by 28 April 2027.
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Disclaimer
This news update is prepared for general informational purposes only. The content does not constitute legal advice, a legal opinion, or counsel from IABF Law Firm. The information contained herein may not reflect the most current developments. Any quotation, distribution, or use of this information for any purpose is solely at the user’s own risk.
