N

ame any public space in Jakarta where the decade-old smoking ban comes into is in force. Most likely you will watch smokers ignore the bylaw at will, while owners turn a blind eye to the offense.

An inter-agency team conducted an inspection at the Cilandak Town Square (Citos) shopping mall in South Jakarta on Tuesday as part of the city government'€™s efforts to observe World No Tobacco Day, which falls on May 31. The team found a number of people smoking in cafes and restaurants inside the mall Most of them panicked upon seeing the officers, but others looked relaxed, saying they were permitted to smoke.

Bylaw No. 2/2005 on air pollution control says smoking is outlawed in cafes, restaurants, public transportation, bus terminals and train stations, health facilities, offices, schools, children'€™s play areas and places of worship. A violation carries a maximum sentence of six months'€™ imprisonment or fines of up to Rp 50 million (US$3,856).

The finding in Citos shows that the smoking ban remains ineffective, partly because of lackluster enforcement of the bylaw on the part of the Jakarta government. We have hardly heard of an individual stand trial for, let alone be convicted of, breaching the smoking ban, regardless of the fact that the bylaw justifies the legal action.

A random check, as the city government did on Tuesday, may help if punitive actions follow, but for sure it will not be sustainable. Indeed, the raid was only aimed at observing public obedience of the bylaw, rather than enforcing it.

 '€œWe will not fine any smokers or the shopping mall management, as we want to start with raising public awareness about the smoking prohibition in public areas,'€ said Jakarta Environmental Management Agency (BPLHD) head Gamal Sinurat, who led the raid.

The city certainly needs tougher measures to deter people from violating the bylaw. Ten years is too long for a public awareness campaign, which only allows offenses to go unpunished. Only stern punishment will force people to respect the law and the rights of nonsmokers.

The city administration should learn from state railway operator PT KAI Commuter Jabodetabek, which strictly enforces the bylaw. The company applies a zero-tolerance policy to smoking inside its premises. Thanks to tough measures and regular warnings, both commuter trains and the railway stations are now free from cigarette smoke. Currently, train passengers do not dare to smoke, not only because of the uncompromising guards, but also because other passengers who warn them against smoking.

The lesson from PT KAI Commuter Jabodetabek shows that tough measures will encourage people to take part in preventing others from violating the smoking ban. In this case, social control works well. And if the railway operator can do it, there is no excuse for the Jakarta administration to maintain impunity for people who harm other people'€™s health through hazardous secondhand smoke.

The question is whether the city administration has the will.