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Tobacco Lobbyists In a Huff After Fauzi Skips Trial
Eddy Pratama | April 06, 2011

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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,”

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.

“According to procedure, a decision can be made after the defendant fails to appear three times without explanation,” Daru said.