Considered Too Soft, the Punishment for Smoking While Driving is Appealed to the Constitutional Court

Illustration photo. (Dok. Pexels)

JAKARTA - The habit of smoking while driving is now being challenged in the constitutional realm. A resident named Syah Wardi filed a petition for a material test against the provisions in Law Number 22 of 2009 concerning Traffic and Road Transport (UU LLAJ) to the Constitutional Court.

He assessed that the sanctions for drivers who smoke while driving are still too light and not commensurate with the risks posed. The application targets Article 283 of the LLAJ Law, which regulates sanctions for drivers who are not concentrated while driving, including as a result of carrying out other activities such as smoking.

In the provision, violators are threatened with imprisonment for a maximum of three months or a maximum fine of Rp. 750 thousand. For Syah Wardi, the threat of punishment does not reflect the real level of danger on the road.

He assessed that the article failed to present a deterrent effect and was not in line with the main purpose of traffic laws, namely to ensure the safety and security of road users.

"Article 283 of the LLAJ Law regulates criminal sanctions that are light and disproportionate compared to the level of danger posed by the act of driving without full concentration," wrote Syah Wardi in the application which was registered with case number 13/PUU-XXIV/2026, as quoted by VOI, Thursday, January 8.

According to him, smoking while driving is not just a trivial violation, but an act that has the potential to threaten the right to life of others in public spaces. Therefore, he assessed that the current sanction provision is not effective in suppressing violations and has not reflected the principle of protecting life safety.

On this basis, Syah Wardi asked the Constitutional Court to declare Article 283 of the LLAJ Law contrary to the Constitution of the Republic of Indonesia in 1945. Not only that, he also encouraged additional sanctions for drivers who still stubbornly smoke behind the wheel.

"For violators who smoke while driving, they must be subject to additional sanctions in the form of social work cleaning the highway or revoking the Driver's License (SIM) for a certain period of time as a form of accountability for the risk of danger posed to the public," he said.

It is known that smoking while driving is not just a bad habit, but a high-risk action that can endanger yourself and other road users. The activity of lighting a cigarette, holding it, to throwing the ashes directly distracts the driver from the traffic situation.

In conditions of heavy traffic or high speed, losing focus for just a moment can lead to an accident. For the rider himself, cigarettes are a dangerous source of distraction.