Kanun: Jurnal Ilmu Hukum
Vol 26, No 3: December 2024: Law and Justice in Digital Age

EFFECTIVENESS OF CRIMINAL SANCTIONS FOR VIOLATORS OF SMOKE-FREE AREAS IN INDONESIA: CHALLENGES AND RESPONSIVE LAW SOLUTIONS

Darma, I Made Wirya (Unknown)
Mahadnyani, Tjokorda Mirah Ary (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

Cigarettes pose a significant global health threat, resulting in millions of related deaths annually. Consequently, governments worldwide, including Indonesia, have implemented smoke-free area policies in an effort to mitigate these health concerns. This study analyzes the effectiveness of criminal sanctions imposed on violators of smoke-free areas in Indonesia, while identifying legal challenges in enforcing these regulations and proposing normative solutions within the framework of responsive law. Utilizing a normative legal approach, this study combines both statutory and conceptual methodologies to analyze primary, secondary, and tertiary legal materials through literature studies. It employs a qualitative descriptive analysis method to examine the efficacy of criminal sanctions against violators of smoke-free areas in the context of responsive law. The results indicate that the effectiveness of criminal sanctions to enforce smoke-free areas in Indonesia is hindered by various constraints, including weak law enforcement, limited public awareness, economic conflicts of interest, and inadequate smoking facilities. This study recommends adopting a responsive law approach. This entails strengthening law enforcement, conducting continuous socialization and education programs, establishing special smoking facilities, involving the tobacco industry in health policy-making, and reformulating policies through a participatory approach. By implementing these responsive law solutions, it is anticipated that smoke-free area regulations can be more effectively enforced, garner the support of all parties involved, and contribute to enhanced public health protection from the risks associated with cigarette smoke.

Copyrights © 2024






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...