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Term --FCTC-Based Definition Indonesia
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

This definition does not align with best practice, as set forth in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it applies only to work spaces where there is a source of danger, such as a factory environment. The definition does not appear to apply to office environments and other types of workplaces. A definition of “workplace” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public transport” aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law or government regulations (PP). The law’s smoke free measures provide that certain places shall be “smoke free zones” rather than, for example, “no person shall be exposed to second hand smoke” in enclosed public places. “Smoke free zone” is defined.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that certain places shall be “smoke free zones” rather than, for example, “no person shall smoke” in enclosed public places. “Smoke free zone” is defined.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “public place” mostly aligns with the definition provided in the FCTC Art. 8 Guidelines. To fully align with the FCTC definition, however, the definition should state that a public place can be either permanent or temporary and that such places are accessible to the general public regardless of ownership or right of access.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” aligns with the definition provided in FCTC Art. 1.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The terms “indoor” and “enclosed” are not defined in the law. The lack of definition for “enclosed” or “indoor” can impede full and effective enforcement of provisions that prohibit smoking in indoor or enclosed places. A definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Indonesia
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces. (Smoking areas, however, may be located outside pursuant to government guidelines.)  The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of workplaces (some workplaces are smoke free because the smoking area is outdoors while other workplaces are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation.  The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor workplaces with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The national Health Law prohibits smoking in certain types of public places and requires designated smoking areas in other types of public places. Under the Health Law, healthcare facilities, educational facilities, children’s playgrounds, and religious places are smoke free. In other types of public places, designated smoking areas are required.  (Smoking areas, however, may be located outside pursuant to government guidelines.)

The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places (some workplaces are smoke free because the smoking area is outdoors while other workplaces are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation.  The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the national Health Law and Government Regulation (PP) No. 109 of 2012, smoking is prohibited in public transport. The realization of the “100% Smoke Free” regulatory status of public transportation, however, depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, public transportation is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Neither the Health Law nor Government Regulation (PP) No. 109 of 2012 specifically addresses government facilities. Instead, whether a government facility is a “smoke free area” depends on the type facility it is. For example, all educational and healthcare facilities, including government-run educational and healthcare facilities, are smoke free; while workplaces and public places, including governmental workplaces and public places, must have smoking areas. (Smoking areas, however, may be outside pursuant to government guidelines.) The realization of the "100% Smoke Free" or “Smoking is Restricted” regulatory status of government facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Thus, government facilities are designated as “Smoking is Restricted” because of the varying restrictions in different types of government facilities and varying regulatory schemes across sub-national jurisdictions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including government facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a private office, as a workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of workplaces (some private offices are smoke free because the smoking area is outdoors while other private offices are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor workplaces (including private offices) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including private offices, to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in hospitals. However, the realization of the “100% Smoke Free” regulatory status of hospitals depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, hospitals are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including hospitals, to be 100% smoke free.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in residential healthcare facilities. However, the realization of the “100% Smoke Free” regulatory status of residential healthcare facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, residential healthcare facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including public areas of residential healthcare facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in non-residential healthcare facilities. However, the realization of the “100% Smoke Free” regulatory status of non-residential healthcare facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, non-residential healthcare facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including non-residential healthcare facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, children’s play areas and educational facilities are smoke free areas. These provisions are interpreted as prohibiting smoking in childcare facilities and preschools. However, the realization of the “100% Smoke Free” regulatory status of childcare facilities and preschools depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, childcare facilities and preschools are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including childcare facilities and preschools, to be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in educational facilities, including primary and secondary schools. This is reiterated and expanded upon in Ministry of Education and Culture Regulation No. 46 of 2015. However, the realization of the “100% Smoke Free” regulatory status of primary and secondary schools depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, primary and secondary schools are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including primary and secondary schools, to be 100% smoke free.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in educational facilities, including universities and vocational facilities. However, the realization of the “100% Smoke Free” regulatory status of universities and vocational facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, universities and vocational facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including universities and vocational facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a shop, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some shops are smoke free because the smoking area is outdoors while other shops are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including shops) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including shops, to be 100% smoke free.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a cultural facility, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some cultural facilities are smoke free because the smoking area is outdoors while other cultural facilities are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including cultural facilities) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, an indoor stadium or arena, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some indoor stadiums are smoke free because the smoking area is outdoors while other indoor stadiums are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including indoor stadiums and arenas) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including indoor stadiums and arenas, to be 100% smoke free.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a restaurant, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some restaurants are smoke free because the smoking area is outdoors while other restaurants are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including restaurants) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including restaurants, to be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a bar, pub, or nightclub, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some bars, pubs and nightclubs are smoke free because the smoking area is outdoors while other bars, pubs, or nightclubs are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including bars, pubs, and nightclubs) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including bars, pubs, and nightclubs, to be 100% smoke free.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a casino, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some casinos are smoke free because the smoking area is outdoors while other casinos are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including casinos) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including casinos, to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a hotel, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some hotels are smoke free because the smoking area is outdoors while other hotels are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including hotels) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including public areas of hotels, to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) However, neither the Health Law nor Government Regulation PP No. 109 of 2012 addresses the smoke free status of guest rooms in hotels and other lodging. Therefore, it is uncertain under national laws and regulations whether hotel rooms fall within the provisions requiring designated smoking areas in public places.

The realization of smoking restrictions in guest rooms in hotels and lodging depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation addressing smoke free public places, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including hotel guest rooms, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Neither the Health Law nor Government Regulation (PP) No. 109 of 2012 specifically addresses prisons. If prisons are considered workplaces or public places under the law, then smoking should be restricted to designated areas – although, pursuant to government guidelines, smoking areas may be located outside. However, if prisons are not considered public places or workplaces, smoking is allowed in these places. It is unclear from the definitions of public place and workplace whether a prison falls into either category.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including prisons and detention facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on trains, buses, and other shared ground transportation. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, "trains, buses and other shared ground transportation" is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited in taxis. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, "taxis" is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Commercial aircraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on commercial aircraft. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, “commercial aircraft” is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on commercial watercraft. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, “commercial watercraft” is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside.) Accordingly, a public transport facility, as a public place and workplace, must have either an indoor or outdoor smoking area. (Smoking areas, however, may be located outside pursuant to government guidelines.) The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some public transport facilities are smoke free because the smoking area is outdoors while other public transport facilities are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including public transport facilities) with smoking areas outside, while many others have not passed any legislation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including public transport facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Indonesia
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Indonesia
Post signs
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.

To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

There is no duty to take steps to require a person to refrain from smoking in accordance with the law.

To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Article 199 of the Health Law imposes a fine up to 50,000,000 (fifty million) rupiah for violation of smoke free provisions. However, the national Health Law must be implemented through sub-national jurisdiction laws and regulations. Therefore, fines can only be imposed in jurisdictions where local implementing laws and regulations exist.

The law does not impose different levels of fines for smokers who violate smoke free area provisions and for business owners/managers who fail to ensure that no one smokes in a smoke free area. To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide higher fines for business owners/managers, who generally have greater resources.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Indonesia
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable