LANGUAGE
Last updated: October 28th 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

No
None
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.

Remove ashtrays

No
None
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.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
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.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Expand to view related litigation.
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.