Jakarta Clean Air Regulation

The Jakarta Regional House of Representatives (the “DPRD”) enacted a Regional Regulation on 4 February 2005 on Air Pollution Controls (the “Regulation” or the “Clean Air Regulation”). The majority of the Clean Air Regulation focusing on the increasing levels of pollutants entering the Jakarta air. The Regulation stipulates stringent procedures to bring the level of pollution under control, particularly with respect to emissions from vehicles and factories. However, the Article drawing the most attention is Article 13 which relates to smoking.

Article 13 explicitly prohibits smoking in all public places, health facilities, offices, and educational facilities, children's play areas, places of worship, and public transportation facilities. Not all is lost to smokers as the relevant and responsible officials must provide special areas designated for smokers. Nevertheless, these areas must be properly ventilated so as not to interfere with the activities of non-smokers. It is unclear whether the party responsible for providing designated smoking areas is the individual employer or the management of a particular building or office space where the employer is located. In any event, employers will be required to ensure that the prohibitions against smoking in the listed smoke-free areas and zones is maintained and enforced.