Last updated: January 24, 2022
Duties / Penalties
Post signs
The law does not impose a duty upon business owners, employers, or supervisors to post signs in places where smoking is prohibited. Instead, the law imposes a duty to post signs in designated smoking areas noting that the area is a smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to post "No Smoking" signs in places where smoking is prohibited and impose appropriate penalties and corrective measures for violations of that duty.
Remove ashtrays
The law does not impose a duty upon business owners, employers, and/or supervisors to remove ashtrays in places where smoking is prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to remove ashtrays and impose appropriate penalties and corrective measures for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not impose a duty upon business owners, employers, and/or supervisors to take steps to require a person to stop smoking in a no smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to take steps to require a person to stop smoking and impose appropriate penalties and corrective measures for violations of that duty.
Other
Owners of premises who refuse to set aside a designated smoking area in accordance with Art. 5 of the law are subject to a fine of ID 250,000. Pursuant to Directive No. 1 of 2014, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present.
Not to smoke where prohibited
A person who smokes in a place where smoking is prohibited is subject to a fine of ID 10,000.
The FCTC Art. 8 Guidelines state: "Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources." While the law imposes penalties on individual smokers, it does not impose any penalties on business violators. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties on business violators as well as individual smokers.
