Anies' Call To Close Cigarette Showcases In Minimarkets Is Not Legally Strong

ILLUSTRATION/UNSPLASH

JAKARTA - The action of the DKI Satpol PP to close the cigarette windows and their advertisements in minimarkets is considered problematic.

This action is an implementation of the Governor of DKI Jakarta's Appeal (Sergub) Number 8 of 2021 concerning the Development of Smoking Areas.

Legal practitioner Pradnanda Berbudy considers Sergub Number 8 of 2021 indeed at the discretion of Anies Baswedan as the Governor of DKI.

However, the problem is, Prananda said that the Sergub did not have a legal basis to strengthen the Satpol PP's actions to close display windows and show cigarette advertisements in minimarkets.

"When a call is issued for prosecution, there must be a hook first. As far as I know, there has been no finding of a regional regulation or governor's regulation governing the prohibition of displaying cigarettes," Pradnanda told reporters, Friday, October 1.

The gubernatorial regulations and regional regulations that Pradnanda meant were Governor Regulation Number 148 of 2017 and the Draft Regional Regulation on Non-Smoking Areas (KTR).

In fact, said Pradnanda, Law No. 36 of 2009 concerning Health and its derivatives, namely Government Regulation No. 109 of 2012 concerning Safeguarding Materials Containing Addictive Substances in the Form of Tobacco Products for Health also does not mandate the act of closing storefronts without smoking.

"Why, in my opinion, a governor who is smart in issuing a policy in the context of being a state administrator, issues a call for one thing that is legal action," he questioned.

As previously reported, the DKI Jakarta Satpol PP started walking down the mini market and covered the cigarette windows with cloth so they wouldn't be seen. This has been done in 5 administrative cities in DKI Jakarta.

Head of DKI Satpol PP Arifin said this action was an implementation of the Governor's Appeal Number 8 of 2021 concerning the Development of Smoking Areas.

In the regulation signed by Governor Anies Baswedan last June, it was written a prohibition on displaying cigarette packs or addictive substances in places of sale. However, cigarettes can still be sold.

Arifin said that his party was still taking action in the form of removing cigarette advertisements and closing cigarette windows in shops and minimarkets.

If there are still those who violate these rules, the Satpol PP will still give a warning. Currently, the imposition of fines for shops that still display cigarette advertisements has not been carried out.

"Current sanctions are in the form of warnings or warnings. If the fines have not led to that. There is no transportation (cigarettes) either. We do not justify such confiscation," said Arifin.