Why has it been so difficult to create smoke-free areas in Indonesia? The answer lies in the way laws are made
As of 2018 only 345 out of 514 districts in Indonesia had issued laws on smoke-free areas in 2018.
- As of 2018 only 345 out of 514 districts in Indonesia had issued laws on smoke-free areas in 2018.
- In June 2023, more than ten years after the regulation was issued nationally, 13% of districts were still yet to create local smoke-free area laws.
- Our recent study shows the challenges local governments face translating national laws into local laws as well as the role of local politics.
Smoke-free area challenges in three provinces
- Breaking this rule can result in various punishments, including fines or imprisonment, depending on the local regulations.
- We analysed smoke-free area regulations in three provinces: Aceh, Malang, East Java and Bandung, West Java, to understand how local contexts influence the trajectory of law-making.
- Aceh has one of the highest smoking rates in Indonesia and smoking plays an important social role.
Local differences
- Each local government must go through the formal law-making process, which requires time, money and resources to research and draft the law.
- We found the main reason for the delay was a lack of local legislative support.
- Local governments are also required to discuss the proposed laws with relevant stakeholders to ensure the local community’s needs are met.
- While some local leaders ardently championed the cause, their ability to influence local parliaments* is limited.
Political dynamics and patchwork laws
- Our study also showed how making local laws is intertwined with local political dynamics.
- The 2014 national elections shifted the narrative in Malang with the rise of political parties more supportive of smoke-free areas.
- In Aceh, a medical doctor, the head of the smoke-free area task force, was pivotal in pushing for the required smoke-free area laws.
What’s next?
- Our study highlights the cumbersome process of law creation.
- Giving local politicians responsibility for creating local laws based on pre-existing national regulations creates multiple issues, especially if they do not see it as a priority.
Elisabeth Kramer receives funding from Sydney Southeast Asia Centre (SSEAC) at University of Sydney for conducting this research. Anastasia Maria Sri Redjeki, Eni Maryani, Lestari Nurhajati, Masduki, dan Rizanna Rosemary tidak bekerja, menjadi konsultan, memiliki saham, atau menerima dana dari perusahaan atau organisasi mana pun yang akan mengambil untung dari artikel ini, dan telah mengungkapkan bahwa ia tidak memiliki afiliasi selain yang telah disebut di atas.