Not Only Fines, DPRD Proposes Social Work Sanctions For Violators Of Regional Regulations Without Cigarettes

Residents are in the area where they are prohibited from smoking at the Bandung City Hall Park, Friday, May 28, 2021. (ANTARA PHOTO-NOVRIAN ARBI)

JAKARTA - The Special Committee (Pansus) for the Draft Regional Regulation of Non-Smoking Areas (Raperda KTR) of the DKI Jakarta DPRD is currently drafting an article that will be included in the Raperda to be ratified.

One of the things discussed was the imposition of sanctions, one of which was a fine of Rp. 10 million to Rp. 50 million for the manager of places/regions that violated the KTR Regional Regulation.

In addition to fines, the DKI DPRD also proposed the imposition of social sanctions on place managers who violate the rules in the form of social work in orphanages belonging to the DKI Jakarta Social Service.

"For sanctions, while there are criminal sanctions, social sanctions, administrative sanctions. Social sanctions are the choice, for example working in an orphanage, and so on," said Deputy Chair of the Special Committee for the DKI Jakarta DPRD, Abdurrahman Suhaimi, to reporters, Tuesday, September 16.

Suhaimi said the sanctions could be applied by the DKI Provincial Government in enforcing the rules of the KTR Regional Regulation. This is because this refers to Law Number 1 of 2023 concerning the Criminal Code (KUHP).

However, the DPRD will still explore the mechanism for imposing social sanctions that will be imposed on managers or business entities that violate the KTR Regional Regulation.

"We will ask for recommendations from the social service later to provide recommendations or include what the social service classifies to be part of the management sanctions that do not implement the existing regulations," explained Suhaimi.

"So that's why we'll wait because it's still open to getting input. So we'll wait for the Social Service to provide input, so that it's applicative," he added.

For information, currently Jakarta does not have local regulations governing non-smoking areas. Currently, the rules regarding the prohibition of smoking in public spaces are still regulated in Governor Regulation Number 88 of 2010 concerning Amendments to Governor Regulation Number 75 of 2005 concerning Prohibited Smoking Areas.

Now the DPRD and the DKI Provincial Government are finalizing the draft Raperda KTR. Some of the provisions include that the area without cigarettes includes health service facilities, places for the teaching and learning process, places for children to play, places of worship, public transportation, workplaces, public places, integrated public spaces, and certain places that hold crowd permits.

Then, the types of public places referred to start from modern markets, traditional markets, hotels or inns, apartments/rusun, restaurants or restaurants, recreation areas or entertainment venues, bus stops, terminals/stations/labors/airports, meeting halls, and other public places.