Indonesia's Jakarta to Include E-Cigarettes in Smoke-Free Zone Rules in 2025

Key points:

1.The Jakarta provincial government in Indonesia is currently in the process of advancing the draft regulation on smoke-free areas (Raperda KTR) with the Jakarta Provincial Parliament (DPRD DKI), with plans to pass it by 2025.

2.The draft proposal will for the first time include restrictions on the use of e-cigarettes and heated tobacco products in public places, proposed to be subject to the same standards as traditional cigarettes.

3.The existing regulations only prohibit the use of conventional cigarettes in public places, but do not specifically regulate e-cigarettes. The proposal points out that the current regulations are facing "regulatory discrimination" and suggest that unified management should be implemented through local regulations.

4.The draft also suggests introducing fines and even criminal liability as punishment mechanisms for violations.

5.The Provincial Governor's Regulation No. 40 of 2020 lists six categories of smoke-free public areas, including education, medical, transportation, religious, and children's activity spaces.

According to Voi.id's report on May 7th, the Jakarta provincial government in Indonesia is planning to pass the "Smoke-Free Area Local Regulation Draft" (Raperda KTR) by 2025 to comprehensively update and integrate the current legal framework for smoke-free areas. The draft is currently being reviewed by a special committee established by the Regional Representative Council (DPRD).

DPRD special committee member Ali Lubis stated that the draft not only continues to regulate the use of cigarettes in public areas, but also includes restrictions on e-cigarettes and related products.

"During the discussion at the Tobacco-Free Committee, it was explicitly stated that similar usage restrictions to traditional cigarettes should be implemented for e-cigarettes and heated tobacco products."

According to the current Governor Regulation No. 40/2020, public areas where smoking is prohibited include:

·Open public spaces like parks, squares, and streets; 

·Office and commercial spaces; 

·Educational institutions including schools, universities, and training centers; 

·Medical service facilities including hospitals, clinics, and community health centers; 

·Children's activity spaces such as playgrounds, children's pools, and related entertainment facilities; 

·Religious places such as mosques, churches, temples, etc. 

Ali pointed out that the regulation currently only covers cigarettes, with no restrictions on e-cigarettes, which are becoming increasingly common in Jakarta. This creates a regulatory imbalance, with selective restrictions on cigarette users, constituting a de facto form of discrimination.

Therefore, the draft suggests "clearly including e-cigarettes in local regulations" and granting local enforcement agencies the power to impose penalties. Ali added that fines or even criminal liability should be established for violators to enhance the effectiveness of the regulations.