JAKARTA - The DKI Jakarta Provincial Regional Regulation (Perda) Number 7 of 2025 concerning the Tobacco-Free Area (KTR) was officially enacted and promulgated on December 31, 2025.
However, the enactment of this regulation has raised notes from a number of civil society organizations.
The Jakarta Healthy Coalition highlighted the substantive differences between the draft regulation of the results of the plenary session of the DKI Jakarta DPRD on December 23, 2025 and the regulation that was enacted a week later.
The Secretary General of the National Tobacco Control Committee and Chairman of the Indonesian Consumer Empowerment Forum (FKBI) Tulus Abadi assessed that the substantive changes after the plenary session needed to be explained openly.
Because, according to him, the plenary session is the highest decision-making forum in the process of forming regional regulations.
Therefore, the changes after the forum are considered to have the potential to cause procedural problems.
"The DKI Jakarta Provincial Regulation Number 7 of 2025 concerning the Tobacco-Free Area is defective in procedure because it changes the results of the Plenary Session of the DPRD which is the highest decision-making in the formation of legislation," said Tulus Abadi in his statement, Sunday, February 15.
One of the changes that was highlighted was in Article 17 paragraph (6). In the draft regulation draft of the plenary session, the provision includes a ban on the implementation of cigarette billboards throughout the DKI Jakarta Province.
However, in the Regulation Number 7 of 2025 which has been enacted, the wording of the article has changed to a prohibition on advertising tobacco products and electronic cigarettes on digital-based social media in accordance with the provisions of laws and regulations.
In addition, there is an addition to Article 17 paragraph (7) which states that further provisions regarding the implementation of the prohibition of clearly showing or displaying the types and products of cigarettes as referred to in paragraph (4) are regulated in the Governor's Regulation.
This change also has an impact on administrative sanctions. In the draft regulation, Article 18 paragraph (6) stipulates a fine of Rp. 10 million for parties who clearly show or display the type and product of cigarettes in public places. This provision is not included in the regulation that has been enacted.
Likewise, Article 18 paragraph (8) which previously contained a fine of Rp. 100 million for cigarette billboard organizers throughout the DKI Jakarta area, is no longer included in the final rules.
A similar view was expressed by the Secretary General of the Indonesian City Residents Forum (FAKTA), Tubagus Haryo Karbyanto.
He highlighted the removal of administrative sanctions for prohibiting the display of cigarette products at sales outlets.
"In this Non-Smoking Area Regulation, the prohibition on displaying cigarette packages at sales outlets is still there, but the penalty is removed. This means that the prohibition on displaying the ban is weakened," he said.
Manik Marganamahendra from the Indonesia Youth Council for Tactical Changes (IYCTC) also questioned the direction of policy in the Regulation.
"This KTR regulation indicates the strong intervention of other parties for 14 years in Jakarta without a KTR regulation until today. Jakarta should be a national barometer, this new regulation does not show the intention to regulate cigarette advertising, promotion and sponsorship more strictly in Jakarta. Don't let the health of the people be traded for compromising with the cigarette industry," he said.
Meanwhile, Yun Indriaty from Smokefree Jakarta emphasized the importance of transparency and consistency in the legislative process.
"If the results of the plenary session can be changed unilaterally, this will be a bad precedent, which later people will think that any party can change the legislation according to their interests even though it has been agreed in the plenary session," said Yun Indriaty.
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