Jakarta Ramps Up Efforts to Regulate Non-Smoking Areas

TEMPO.CO, Jakarta - The Provincial Government, in collaboration with the Jakarta Regional House of Representatives (DPRD), is accelerating the discussion of the Draft Regional Regulation on Non-Smoking Areas (NSA). The draft regulation has been proposed since 2010, but has been postponed.

The discussion is targeted to be completed and ratified by the end of July 2025. This was conveyed by the Expert Medical Health Administrator of the Jakarta Health Agency, Intan Kusumawati, during a Public Discussion on the Planned Regional Regulation of No-Smoking Areas in DKI Jakarta held on Friday, June 20, 2025, in Central Jakarta. "Next week, the target is the discussion per article, followed by finalization," she said.

Intan emphasized that regulating NSA is important to reduce the burden of catastrophic diseases suspected to be caused by smoking. "According to BPJS data, the health financing for diseases such as heart, cancer, stroke, and kidney failure, which are suspected to be risk factors, is increasing. From 2022 to 2023, it increased from Rp12 trillion to Rp19 trillion," she said.

Several areas that will be regulated as non-smoking areas include health service facilities, educational facilities, places for children to play, places of worship, public transportation, and sports facilities. Additionally, Intan says that the addition of four areas, including workplaces, public places, integrated public spaces, and places that host mass events, is aimed at providing the best for the people of Jakarta.

Intan also highlighted the shift in youth smokers that needs to be anticipated. Although the prevalence of smokers aged 10-18 is decreasing, there is a possibility of an increase in the use of electronic cigarettes. "It could be a shift from conventional smokers to electronic smokers. There might be bias there. However, no matter how many youth smokers there are, it should not be tolerated. Children should not smoke," she said.

Meanwhile, Afifi from the Legal Bureau of the Jakarta Provincial Government stated that this draft regulation is legally based on Law Number 23 of 2024 concerning health. Furthermore, it also aligns with Government Regulation Number 28 of 2024 concerning Regional Governments, which obliges the establishment and implementation of NSA in their respective areas through regional regulations.

Afifi emphasized that the NSA is not prohibiting everyone from smoking. However, there are specific areas designated by regional governments as non-smoking areas. "In this context, it is also important to maintain a balance on how individuals/passive smokers are protected without prohibiting active smokers," she said.

This is in line with the reasoning a contrario put forward by Afifi. "This reasoning means that as long as it is not prohibited, it is allowed (to smoke). Like in private homes and public roads not designated as NSA," she said.

Afifi also highlighted the presence of administrative sanctions for those who violate the regulation as an approach to ensure the effective and efficient implementation of no-smoking areas. "In implementing this draft regulation, the public should not only rely on personal awareness, but there should also be trigger factors in the form of administrative sanctions," she said.

The administrative sanctions include:

1. Prohibition of smoking in the NSA

- Administrative fine of Rp250,000

- Social work sanctions carried out directly on site

2. Prohibition of advertising, promoting, and sponsoring throughout Jakarta

- Administrative fine of Rp50,000,000

3. Prohibition of advertising, promoting, and sponsoring in the NSA

- Administrative fine of Rp1,000,000

4. Prohibition of selling cigarettes within a 200-meter radius of playgrounds and schools

- Administrative fine of Rp1,000,000

5. Prohibition of displaying at sales points

- Administrative fine of Rp10,000,000

6. Imposition of administrative sanctions

- As referred to in paragraphs 7, 8, 9, 10, and 11, shall be carried out by the Regional Civil Service Police Unit.

Meanwhile, Farah Savira, the Chairperson of the Special Committee for the Draft Regulation of Non-Smoking Areas of the Jakarta DPRD, expressed her commitment to promptly finalize this policy.

She stated that although formulating this regulation is not easy and involves many dynamics, the urgency and the public's needs make the completion of this draft regulation something that cannot be further postponed. "All factions in the council also agree to this regulation to be completed," she said.

Farah also added that the DPRD will continue to open a dialogue with the public and various stakeholders so that the resulting regulation truly serves the interests of the broader public and can be effectively implemented.

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