Amendment to Jakarta's Non-Smoking Area Regulation

Gubernatorial Regulation No. 75 of 2005 (“Regulation”) was issued years ago to regulate smoking and non-smoking areas in the DKI Jakarta area; its failure to be implemented is the reason for the recent amendment, Gubernatorial Regulation No. 88 of 2010 (“Amendment”). The Amendment both adjusts the requirements for smoking and non-smoking areas, and sets out more serious sanctions for managers or owners of establishments to better enforce non-smoking areas.

The Preamble of the Amendment makes reference to a study conducted in 2009 by the DKI Jakarta Provincial government, which found that the regulatory effort to protect the public from cigarette fumes had failed to become a reality; hence the Amendment.

Under Article 18 of the original Regulation, smoking areas are required to have these conditions: (1) separate from non-smoking areas, (2) equipped with ventilation or a fan, (3) provided with ash trays, and (4) display information on the damaging effects of cigarettes.

The Amendment simplifies that Article: smoking areas must be outside the building, and must be located away from doors and entrances. In short, smoking inside is no longer allowed under any condition.

Article 27 of the Regulation sets out sanctions, and was also amended. As with before, failure to implement smoking and non-smoking area provisions could result in written warnings, frozen business activities, and license revocation. The Amendment additionally allows for publicizing the failure to society, presumably to discredit the image or reputation of the establishment.

Non-smoking areas are mandatory for public areas, working areas, learning areas, health care areas, playgrounds, prayer areas, and public transportation.

The Amendment was issued on 13 April 2010, but took force on 6 Mei 2010.