Indonesia Jakarta Governor Fauzi Bowo skips trial..



April 6. 2011 - A clove cigarette lobbying group on Tuesday vented their anger against Jakarta Governor Fauzi Bowo for ignoring their courtroom challenge of the regulation banning smoking rooms from public buildings.

“We cannot accept that the governor, who resides in Jakarta, did not appoint anyone to represent him in court,” said Habiburrahman, a lawyer for the plaintiffs who call themselves Komunitas Kretek, or Clove Cigarette Community. “Meanwhile, the case has reached a third month without any progress,”

Governor Fauzi Bowo Governor of Jakarta for the 2007-2012 term) continues to come under from pro-tobacco campaigners. The gubernatorial decree, which makes smoking inside buildings or even near entrances and exits a fineable offense, has been a sore point not just for smokers across the capital, but also the entertainment and tourism industries who believe it will adversely impact their business. (Protesters Rail Against Indonesia Smoke Ban, Arientha Primanita, thejakartaglobe.com 11/2/2010; City starts scrapping smoking rooms, —JP/ Indah Setiawati, Jakarta Post, 10/14/2010; City to warn errant building owners about smoking ban. Andreas D. Arditya, The Jakarta Post, J12/22/2010.

Background:
Background: The Smoking Ban decree, signed on May 6, 2010 (Governor Regulation No. 88/2010), stipulates smoking is not allowed inside buildings, and people who want to smoke must do so outside. The regulation is an extension of a smoking ban which had allowed smoking in designated smoking areas in workplaces and public spaces. The decision came after a joint survey, by BPLHD, Swisscontact Indonesia Foundation (SIF) and the University of Indonesia Demography Institute, showed smoking rooms in buildings did not prevent smoke infiltrating non-smoking areas. (The Jakarta Government, through the Governor Regulation No. 88/2010, New Bylaw Designate All Public Buildings as Smoke Free Zones

"Non-Smoker Jakarta citizens are now able to breath freely. Starting from this year forward, citizens will be free from exposure to 4000 types of deadly toxins contained in a cigarette. The Jakarta Government, through the Governor Regulation No. 88/2010, ensure that they will protect citizens from second-hand smoke (Asap Rokok Orang Lain [AROL]) in buildings throughout Jakarta" Based on the second-hand smoke test conducted in 34 buildings in Jakarta by the Jakarta Environmental Management Agency (Badan Pengelola Lingkungan Hidup Provinsi DKI Jakarta [BPLHD]), smoking rooms were simply ineffective to protect citizens from second-hand smoke. Jakarta Government took the initiative to revise Governor Regulation No. 75/2005 to Governor Regulation No. 88/2010 which firmly prohibits the existence of smoking rooms in buildings.
Aside from eliminating smoking rooms in buildings, other important changes in the new gubernatorial decree include adding administrative sanctions by making public announcements through the media based on building inspection results

Governor Regulation No. 88/2010 represents a strong support by the City Government, specifically Jakarta's governor Fauzi Bowo, towards the realization of 100% Smoke Free Jakarta as was declared by Fauzi Bowo in closed hearings between the Jakarta Government and Smoke Free Jakarta Program partners. Fauzi Bowo stated that this new gubernatorial decree is a "first step of a long journey towards 100% Smoke Free Jakarta". This step will be followed up with the dissemination of the new gubernatorial decree to building managements. The Jakarta Environmental Management Agency will conduct routine monitoring and violation complaints of no-smoking areas in buildings through Smoke Free Jakarta Zwebsite. ;Swisscontact Indonesia Foundation (SIF)

Komunitas Kretek has filed a lawsuit seeking to withdraw a 2010 gubernatorial regulation that bans smoking rooms inside public buildings. At the Central Jakarta District Court on Tuesday, Habiburrahman argued that the decree was in conflict with a city regulation passed five years earlier that mandated smoking rooms in public buildings.

The overlapping regulations are taking their toll on “ethical smokers” who only enjoy their cigarettes without harming others, the attorney said.

“The case should have seen a verdict by now but the judges again adjourned because the governor failed to show up,” Habiburrahman said. “We will lodge our protest with the Judicial Commission.”

“We fully understand that the Jakarta governor does not have much time to spare, but he could at least appoint a lawyer.

“Judges must take firm measures regarding his absence, otherwise the case will never get settled,” he appealed to the bench, which consisted of presiding judge Enid Hasanuddin and his colleagues Supardja and Sapawi.

The gubernatorial regulation reflects the government’s ambiguity toward the tobacco issue, Habiburrahman argued. On one hand the state legalizes tobacco, levying taxes and earning big money from it, but at the same time criminalizes smokers, the he said.

Daru Supriono, another lawyer and member of Komunitas Kretek’s Yogyakarta branch, said the judges should have reached a verdict without the presence of the defendant, because the case had already gone through four hearings.
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“According to procedure, a decision can be made after the defendant fails to appear three times without explanation,” Daru said.

Reference; Tobacco Lobbyists In a Huff After Fauzi Skips Trial, Eddy Pratama, thejakartaglobe.com, 4/6/2011.

Directly related news briefs:
Indonesia - Jakarta’s entertainment industry complains about city's smoking ban..;
Indonesia - planning to file a judicial review against a joint ministerial decree regulating smoke-free zones..;
Jakarta, Indonesia - lawyers mount bid to challenge city's anti-smoking decree..;
Indonesia - by banning smoking inside buildings smokers could be considered criminals.

Reference: Nightlife Reps Say Smoking Ban Will Hit City’s Economy, Dessy Sagita, TheJakartaGlobe.com. 3/17/2011.

Indonesia some related news briefs:
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Indonesia - by banning smoking inside buildings smokers could be considered criminals.;
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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..;
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Indonesia - on June 22nd will ask WTO to rule on US ban on clove cigarettes..;
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Jakarta, Indonesia - Singer Kelly Clarkson will she perfom concert sponsored by major tobacco company..;
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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.;
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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..;
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Indonesia - parent smoking can negatively affect the nutrition of children..;
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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
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1 comments:

  Blogger

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