Jakarta, Indonesia - lawyers mount bid to challenge city's anti-smoking decree..

January 21, 2011 - A group of lawyers has mounted a bid to challenge the city’s new anti-smoking decree, saying it violated human rights.

November 29, 2010 - Indonesia - by banning smoking inside buildings smokers could be considered criminals.;
October 17, 2010 - Jakarta, Indonesia - as of November 1, 2010 will start enforcing smoking ban inside buildings.. The gubernatorial decree, issued in October last year, reinforces a 2005 bylaw on air pollution control, which in turn was issued to enforce an earlier decree specifying certain public areas as smoke-free zones.

Under the 2005 bylaw, smokers can be fined Rp 50 million ($5,400) or even jailed for six months for violating the ban, but enforcement has been virtually nonexistent.

January 19, 2011 - Ignorance feeds cigarette habit among young in Indonesia

The new decree bans smoking in all public buildings, whereas the previous decree allowed smoking in designated rooms.

Habiburokhman, a lawyer for the group, which calls itself the People’s Rights Advocacy Team (TAHR), said on Thursday, January 20th that the decree was “very discriminatory against smokers.” “It treats smokers like criminals, whereas cigarettes are legal products,” he said. Habiburokhman claimed the measure was a violation of human rights and contravened prevailing laws on regional administration and regulations. He said the group last week filed a judicial review with the Supreme Court challenging the latest decree. He also said the group would file for an executive review of the decree with President Susilo Bambang Yudhoyono today.

Daru Supriyono, another lawyer for the team, said a third suit could be brought based on an official notification of protest filed with the city administration this month. “We sent the notification on January 4, and if within 45 days they don’t issue a response, then we’ll file suit with the Central Jakarta District Court,” he said. He added all the suits were being filed on behalf of private parties opposed to the decree.

The group accused the city and nongovernmental organizations that pushed for the decree of doing so in exchange for foreign funding, although it could not elaborate.

Ridwan Panjaitan, head of law enforcement at the Jakarta Environmental Management Agency (BPLHD), said his office had informed the city’s legal office of the pending suits. “We’re prepared to face any lawsuit in the supreme or district court,” he said. He added his office had also been meeting with the TAHR, medical experts and antismoking groups to discuss the issue.

“This is a matter of health, and I’m sure more people back the decree than oppose it because more people want cleaner air in their offices and at restaurants,” Ridwan told the Jakarta Globe. “It’s possible that those objecting to the decree are being backed by cigarette companies.”

Suroso, coordinator of the 100 Percent Love Indonesia group, said the decree was discriminatory because it hurt those who worked in the tobacco industry. He also said the regulation threatened the city’s lucrative entertainment businesses by shutting out customers who smoked.

Aside from smokers, Suroso complained that the decree also impacted thousands of tobacco farmers around the country. “The decree will hurt the income of many people,” he said. “Besides, kretek [clove] cigarettes are a uniquely Indonesian product that should be preserved.”

He said the old decree was “fairer” and provided a “win-win solution” for both smokers and nonsmokers alike. "We want to encourage ethical smoking that doesn’t disturb nonsmokers, but we also want our rights to be considered and protected,” he said.

Reference: Indonesia Lawyers Get Fired Up by Smoking Ban
Arientha Primanita, JakartaGlobe, 1/21/2011.

Indonesia some related news briefs:
Indonesia - at least one court still debatng whether tobacco is addictive..;
Indonesia - by banning smoking inside buildings smokers could be considered criminals.;
Indonesia - govt to raise cigarette excise up to 10 percent starting January 2011..;
Indonesia - tobacco companies provide volcano rescue relief..;
Indonesia - health minister drafting regulation on tobacco advertising ban..;
Indonesia - police drop tobacco graft case, sparking suspicions..;
;
Indonesia - Australian bands (2) will they perform at tobacco sponsored musical festival??;
Indonesia - confusion regarding possible suspects regarding the missing clause from the health bill passed in September 2009..;
Indonesia - 2-year old kicks the habit - COLD Turkey..;
Indonesia - agrees to ratify the WHO FCTC public health treaty..;
WTO - US rejected call by Indonesia to rule on dispute on ban of clove cigarettes in the US..;
Indonesia - on June 22nd will ask WTO to rule on US ban on clove cigarettes..;
Indonesia - PT Djarum Tobacco to sponsor badminton events..;
Indonesia - CNN Video on 2-year old nicotine addict..;
Indonesia - more on the 2-year old addicted to nicotine..;
Indonesia - paradise for smokers and paradise for tobacco companies..;
Indonesia - House Finance and Banking Commission opposes govt plan to lower cigarette production..;
Jakarta, Indonesia - more on the Kelly Clarkson tobacco sponsored concert April 29th..;
Jakarta, Indonesia - Singer Kelly Clarkson will she perfom concert sponsored by major tobacco company..;
Indonesia - launches formal dispute with WTO over U.S, ban on clove cigarettes..;
Indonesia - parents encourage 4-year old boy to continue smoking habit..;
Hemoglobin obtained from pigs may be used in cigarette filters..;
Indonesia - government may raise cigarette tax and cut cigarette output..;
Indonesia - Muhammadiyah-owned university students demonstrate against edict against smoking..;
Indonesia - kretek cigarette maker Gudang Garam's 2009 net profit jumps 84 percent..;
Indonesia - persons accused of eliminating clause designating tobacco as addictive..;
Indonesia - second largest Muslim organization launched a fatwa against smoking..;
Indonesia - RATIFICATION OF FCTC MAY RAISE INDONESIA'S BARGAINING POWER.. ;
Indonesia - 18 tons of illegal cigarettes destroyed..;
Indonesia - Government to limit cigarette production..;
Indonesia - BAT, Bentoel shareholders approve planned merger..;
Indonesia - another protest rejecting the new cigarette excise tax..;
Indonesia - workers from small cigarette producers protest excise tax increase..;
Indonesia - cigarette industry has pledged to stage a demonstration to protest a government plan to increase excise tax.;
Indonesia - the last paradise for a puff in Southeast Asia..;
Indonesia - trade minister officials want to meet with US counterparts to discuss ban on clove cigarettes..;
Indonesia - PT BAT Indonesia to merge with PT Bentoel International Investama Terbuka..;
Indonesia - missing tobacco regulation in approved Health Law..;
Indonesia - section on tobacco in health bill disappears..;
Indonesia - Constitutional Court by close vote rules that tobacco ads can continue..;
Indonesia - parent smoking can negatively affect the nutrition of children..;
Indonesia - new council member suspect in cigarette fraud case..;
Indonesia - an NGO commission assists cigarettes must be banned in films..
Indonesia - a paradise for tobacco companies..
Indonesia - after buying cigarettes very little left for food..;
Indonesia - will they ratify the first world public health treaty..;
Indonesia - last paradise to smoke in public places in Southeast Asia..;
Indonesia - Industry minister to close tobacco to new foreign investment..;
Indonesia Finance Ministry to cap tax deductions for tobacco companies..;
Indonesia - Smoking hits poor families the hardest, making the poor even poorer..;
Indonesia - Cigarette makers defy crisis, grows stronger..;
Indonesia - government may raise cigarette excise tax next year..;
WHO - Indonesia is crying out for your help..;
Indonesia - dispute with U.S. over banning the use of clove in cigarettes..;
Indonesia 'cash cow' for Philip Morris International..;
Tobacco industry has long targeted young people as "replacement smokers";
Indonesia - district court dismisses request to ratify FCTC..;
Asean Countries - Tobacco Industry Blocking Global Treaty On Tobacco..; Indonesia - farmers hold rally protest tobacco controls..;
Indonesia - tobacco farmers reject Islamic council's edict..;
Indonesia - Ulema Council - debate results is split on smoking..;
Indonesia - Withdraw Sponsorhip of Another Rock Concert..;
Indonesia to increase tax on tobacco products..;
Semarang, Indonesia - Cigarette Smoking Areas to be Prepared..;
Jakarta, Indonesia - Malls help enforce non-smoking ban..;
Indonesia - federal anti-smoking laws in one year - MAYBE..;
Indonesia - NGO's (non-government organizations) Demand the Government Ratify WHO's FCTC.;
Indonesia to raise cigarette tax by 6 to 7% in 2009..;
Surabaya, Indonesia - anti-smoking bylaw 10/2009 - FOR REAL??
Indonesians smoking more than ever before..;
Indonesia further rise in the excise tax would hurt the cigarette industry..;
Alicia Keys - Jakarta Concert (July 31st) tobacco companies forced to withdraw sponsorship.. and
Most Indonesians support moves to ban tobacco advertisements..