1. Normative Juridical Research: Hery Chariansyah SH & M.Abdoel Malik R.SH.I WARRANTIES AND CERTAINTY OF LEGAL PROTECTION OF CHILDREN FROM CIGARETTE ADDICTION ON 113 SMOKE FREE AREA POLICIES IN INDONESIA

2. Nowadays, the problem of smoking in children has reached the level which is very alarming. 70% of smokers start smoking in adolescence before reaching the age of 19 years (Susenas 2004). In detail Susenas (National Socioeconomic Survey) and Riskesdas (Result Report Basic Health Research, Ministry of Health) in less than 10 years of ten gives an overview of trends novice adolescent smokers aged 10-14 rose nearly 2X that in 2001 the prevalence of smokers aged 10-14 years as much as 9.5% increase to 17.5% in 2010. In addition to being passive smokers, the number-children who are exposed to cigarette smoke both in public and in homes is also increasing. According Global Youth tobacco Survey 2006, 81% of adolescents aged 13-15 years exposed to smoke in public places and 64% in the home. In an effort to exercise control over the use of cigarette addictive substances and as part of efforts to protect children, many provincial and local government both provincial and district / city which has made policy Smoke Free Area. Back Ground

3. Research Question 1.How will the protection of children from addictive substances cigarettes and smoke free area as as an efforts to protect children 2.How is the hierarchy of the laws and government policies Smoke Free Area This area can provide and guarantee legal certainty for the protection of children from the dangers of smoking; 3.What is the content of government policy Smoke Free Area This area can provide and guarantee legal certainty for the protection of children from the dangers of smoking; 4.How is ideally regional policy on Smoke Free Area that can provide guarantees and legal certainty for the protection of children from the dangers of cigarettes base d on policies and laws and regulations that exist today.

4. examine the policy 113 Regency / City and Province of smoke free area can provide guarantees and legal certainty in protecting children from the dangers of smoking addictive substances so that children grow and develop optimally. Research Purposes

5. Methodology 1.Approach: The shape of this research is normative juridical or legal research literature, using two approaches concepts, namely: Statute Approach Conceptual Approach 2.Variables: Guarantee of Law Security: legal status of the policy hierarchy Smoke Free Area Legal Certainty Level: Setting Smoke Free Area in the region Smoke Free Area policy

6. 3.OPERATIONAL DEFENITION i.The children is, each person under 18 (eighteen) years, including babies in the womb; ii.Protection of children from addictive substances is all activities and efforts to protect children from the of exposure to addictive substances and to ensure and protect the rights of children to live, grow and develop optimally; iii.Addictive substances are substances that are contained in cigarettes that can cause addiction or dependency that endangers health; iv.Cigarettes are tobacco products with or without additives, which are intended to be burned and smoked, and / or inhaled the smoke, including but not limited to cigarettes, white cigarette (filters), cigars which smoke contains nicotine and tar; v.Smoke Free Area is a room or area that is declared for no smoking activities, activities of producing, selling, and / or promoting cigarettes; vi.Rule of Law is the status hierarchy of Laws Invitation Smoking Area policies in provincial and district / city; vii.Level of assurance Law is setting non-smoking area in article by article on regional policy without cigarettes Indonesia

7. 4. DATA COLECTION TECHNIQUES In a normative legal research, the collection of research materials is done in libraries, the official websites which can be a reference to the data: Primary that is Regulation Legislation Secondary materials sourced from theory, research and scientific opinion, literature books relating to the research topic. Tertiary are dictionaries related to the topic of study such as Indonesian Dictionary and Dictionary of Law. 5. DATA ANALYSIS TECHNIQUES The data obtained will be analyzed using qualitative data analysis method where all the data that has been obtained will be systematically compiled and analyzed from the perspective of researchers and then pulled towards a conclusion. So that the form of this research is an analytical perspective.

8. Result and Analysis

9. The 1945 Constitution Article 28B Paragraph (2) Declare that every child has the right to live, grow and develop optimally Act 35 of 2014 on Child Protection Section 59 states that the child victims of addictive substances are children who need special protection Law No.36.Tahun 2009 on Health stating that cigarettes as tobacco processed products are addictives supervision, prevention, treatment and rehabilitation Act 35 of 2014 on Child Protection Article 67 mandates the State, Government and Society 1. The Basic Law of Protection of Children from addictive substances Cigarettes Child is any person under the age of 18 years including a child in the womb

10. Government Regulation 81 of 1999 on Security Cigarettes For Health Government Regulation 38 of 2000 on Security Cigarettes For Health Government Regulation No. 19 of 2003 on Security Cigarettes For Health Government Regulation 109 of 2012 on Safety Materials Containing addictive substances Form of Tobacco Products For Health Law No. 23 of 1999 on Health Article 44 2. Development of the Basic Law KTR Policy Law No. 36 of 2009 on Health Articles 115 and 116 Smoke Free Area is a room or area that is otherwise prohibited for production activities, sales, advertising, promotion and / or tobacco use in public places, health facilities, workplaces and specifically as a place of learning, the arena of children's activities, places of worship and transportation general Smoke Free Area is a room or area that is otherwise prohibited from smoking activities or activities producing, selling, advertising, and / or promote tobacco products

11. 3. Jaminan Hukum Perlindungan Anak Dalam Kebijakan KTR INDICATOR: Legal Guarantee Policy Smoking Area measured by the force of law is based on a hierarchical system policy legislation INDICATOR: Legal Guarantee Policy Smoking Area measured by the force of law is based on a hierarchical system policy legislation The 1945 Constitu tion MPR Decree Law / PERPU Government Regulations Presidential Decree Provincial Government Area PERDA Regency / City Regulation / Decision of the Governor Regulation / Decision Regent / Mayor Circular Head of Region Legislation hierarchy Invitation by Act No. 11 of 2012 on the Establishment of Laws Invitations Under Law No.23 / 2014 on Regional Government, Regional Head in carrying out its duties has the authority establishes the rules Official Papers containing notices, explanations or instructions that the material is not legal norms The Policy Smoke Free Area The Policy Smoke Free Area

12. NoThe Policy’s HierarchyProvinceRegency / City 1Local Regulation848 2Governor Regulation8 3Regulation Regent / Mayor45 4Decree3 5Circulated1 TOTAL POLICY1697 Based on the hierarchy of Laws Invitations, of 113 non-smoking area policy can be seen that :  56 Policies (8 + 48 Provincial District / City) has a very strong legal guarantees as shaped Regional Regulation  53 Policies (8 + 45 Provincial District / City) has a strong legal guarantee for the form of regulations Regional Head (Governor / Regent / Mayor)  3 Policies also has a strong legal guarantee for shaped Decree Regional Head Regent / Mayor)  1 Policy does not have a legal guarantee for shaped Circular

13. 4. Child Protection Legal Certainty In Smoke Free Area the policy Normative legal certainty can be measured on a legal substance contained in a legal product. Therefore, to measure the level of legal certainty in the child protection KTR 113 development policy can be seen from the legal substance contained therein, namely : Child Protection In the SFA’s policy The term used (KTR / KTM / etc): The terms used will affect the norms set out in the SFA’s policy, if only prohibits smoking or tobacco advertising also The Zone Settings Defined KTR: Setting the area becomes very important because this is the area that became the barometer whether children are protected or not The setting is responsible for implementation: This is important because, to ascertain whether the policy can be implemented effectively

14. The use of the term in the policy Smoking Area is very influential on the norm that will be set in the policy: 1. SFA’s in defenisinya ban smoking, sell, advertise and / or promote tobacco products 2. No Smoking Area (NSA) or another term in its definition only regulates the restriction on smoking behavior alone. Thus the use of the term KTR much more to provide protection to children because not only protect children from exposure to second hand smoke, but also protects children from enticements cigarette marketing in the area of smoke free area Thus, based on the use of the term, 80% SFA’s policy analyzed, can provide legal certainty in protecting children from cigarettes addictive substance because it is not only to protect children from exposure to second hand smoke, but also protect children from tobacco marketing persuasion can ensnare children become new smokers

15. The Zone Settings Set As Smoke Free Areas NoThe Region DefinedTotalPercentage 1Health Care Facilities11299,11% 2Teaching and Learning Place11198,23% 3Place Children Playing10895,5% 4Worship Place10794,7% 5Public Transportation9987,6% 6Sports Facilities8575,2% 7Restaurants / Food Courts8877,8% 8Shopping Centres8978,7% Arrangements area is set to be KTR is an important indicator. In efforts to protect children, some very important areas KTR serve as a gathering place or activity children, namely: Health Care Facilities, Outdoor Learning, Place Children Play, Places of Worship and Public Transportation. By Similarly, based on the number and percentage of area that is set to be SFA in places that are a gathering place for the child or children often are, most of the the SFA’s policy can be considered to provide legal certainty in protecting children from cigarettes addictive substance.

16. Responsible Party To The SFA’a Policy Implementation NoLegalTotalPercentage 1Responsible Care Facilities Policy Implementation SFA 11198,23% The arrangement of the party / institutions responsible for the implementation of this SFA’s policy becomes very important because it can ensure the implementation and enforcement. Thus from the data above shows that as many as 111 (98.23%) were analyzed SFA’s policies considered to provide legal certainty as expressly set party that was responsible for the SFA’s policy enforcement.

17. Conclusion From the 113 KTR the policy analyzed, 112 policies have binding force so as to provide legal guarantees Although still very diverse in the context of the substance of the policy settings Smoke Free Area, but in general the policy Smoke Free Area both at provincial and district level / cities can be considered to provide legal certainty to the protection of children from addictive substances cigarettes

18. Recommendation In accordance with the legal developments, SFA’s policy making must be referring to the provisions laid down in Regulation 109/2012 The SFA’s policy should be shaped so that the local regulations have binding legal force and can include criminal penalties and administrative For The SFA’s policy shaped Regulation and Decision Regional Head Regional Head is necessary to improve the hierarchy be the local regulations The SFA’s policy must set the party responsible for the implementation and how it is done implemnetasi Set about the role of public

19. Thank YOu