The Public Guards The Ranperda Of Jakarta's No Smoking Areas, Don't Become A Regulation Chasing Target

Media Discussion "Guarding the Drafting of the Draft Regional Regulation on KTR DKI Jakarta: Regulations on Minimum Disclosure and Fulfillment of Consumer Rights". (Didi Kurniawan/VOI)

JAKARTA - The urgency to oversee the Draft Regional Regulation on No Smoking Areas (Ranperda KTR) DKI Jakarta should prioritize elements of independence, participatory, openness and balance. The public, especially consumers of processed tobacco products, are worried about the effort to complete the quiet completion of the Jakarta KTR Ranperda.

The public considers that the steps taken by the executive and legislative branches of DKI Jakarta regarding this regional regulation seem to still underestimate the eyes of its citizens, discriminating against consumers of tobacco products in particular.

"Consumers are the object targeted in the Jakarta KTR Ranperda. DKI Jakarta Provincial Government as the initiator of this regional regulation seems to make consumers a group of citizens who don't need to be involved, take second place, and are considered as objects that need to be avoided. Don't let this regulation for the tobacco ecosystem be flawed by the legal process , is unfair, and does not accommodate consumer rights," said Ary Fatanen, Head of the Consumer Advocacy and Education Division, Consumer Pact in the Media Discussion "Supervising the Drafting of the Draft Regional Regulation of the Jakarta KTR: Minimum Regulation of Transparency and Fulfillment of Consumer Rights", Wednesday, July 27, 2022.

According to him, consumers are burdened with many obligations. Starting from the obligation to excise tobacco products, the obligation to comply with regulations related to activities to the process and access to products.

Ary Fatanen said that consumers are at least entitled to a draft of information that contains the main points in this Regional Regulation on KTR.

"To note, the cigarette tax contributed Rp. 339.63 billion to DKI Jakarta's PAD in the first half of this year. In value, it is greater than the parking tax of Rp. 191.68 billion. Therefore, the contribution of tobacco to PAD Jakarta is quite significant, so that consumer involvement (public) ) must be included and given access to openness in the formulation of the DKI Jakarta KTR Ranperda policy," said Ary.

Consumer rights in participatory policies, continued Ary, both constitutionally and politically, have been neutered. When consumers will and have fulfilled their obligations, in a balanced way, consumers also need protection and fulfillment of rights, such as the right to a safe and comfortable space.

"We consumers have the right to participate in public policies but we are not involved. We don't mind when our activities are regulated but please be given space, appropriate facilities and access," said Ary.

Similarly, as part of the chain of tobacco ecosystems, the Indonesian Tobacco Society Alliance (AMTI), is not anti-regulation. However, what should be questioned is the process of policy making and the substance of the policy itself.

"DKI Jakarta already has various regulations related to the prohibition of tobacco products, the sale of tobacco products, cigarette taxes, until the latest one is Sergub DKI No. 8 of 2021. AMTI responds to all these regulations, implementation still has many flaws. This needs to be evaluated. Now, the public forced again by the presence of the Jakarta Regional Regulation KTR KTR which seemed to be chasing a deadline," said Hananto Wibisono, Secretary General of AMTI.

From the legislative side, Gembong Warsono, Chair of the PDI-Perjuangan Faction realized that the formation and content of the Draft Regional Regulation on KTR DKI Jakarta must be guided by the provisions of laws and regulations and legal principles that grow and develop in society. In this case, it must be in accordance with the principles of the rules contained in it.

"In the process, the preparation of the DKI Jakarta KTR Ranperda must be carefully prepared, it cannot be rushed. Because the academic text has not yet been submitted to the DKI Jakarta DPRD. Rationally, the stages are long. And the articles must be able to accommodate all parties. end of October this month or even the end of this year, it is difficult to complete it," said Gembong.

The number of regulations that DKI Jakarta already has, continued Gembong, of course also affects people's obedience. As a representative of the people, Gembong said that he needed to get input from all parties.

"Starting from the activities, rights and obligations of consumers, as well as all parties involved need a clear legal umbrella. The main goal is to produce quality regulations. It takes the involvement of all parties in it, so that no one is marginalized or harmed," added Gembong.

Drafting of KTR Akademi Academic Papers

Academics also participate in providing scientific views and studies on the Non-Smoking Area. As has been done by Trisakti University, it has completed the draft of a complete academic text related to the Draft Regional Regulation of the Jakarta No-Smoking Area.

"Unfortunately, until today, there has been no news after it was sent to the executive," said Trubus Rahadiansyah, Trisakti University Public Policy Observer.

To realize a quality local regulation, Trubus said, it must be prepared and involve parties who are experts in their fields. Elements of public participation to public response must be reviewed.

"So that when it is implemented there will be no turmoil in society. And most importantly in terms of public policy, the policy must contain elements of public openness. Whether there are economic interests, government interests, public interests, political interests, they must be balanced. Similar KTR, copy and paste," added Trubus.