Motorists Smoking on the Road Risk Losing Driver's License

KatadataOTO – The actions of car and motorcycle drivers who smoke on the road are in the spotlight. This is because it is very harmful to other people.

Based on this, an Indonesian citizen has filed a petition for a judicial review of Article 106 paragraph (1) and Article 283 of Law No. 22 of 2009.

It regulates Traffic and Road Transportation and was brought before the Constitutional Court (MK) on Tuesday (06/01).

This petition was filed by Syah Wardi, M.H with case number 13/PUU-XXIV/2026. He is petitioning the MK to impose severe sanctions on drivers who smoke on the road.

Photo: KatadataOTO

“The provision in question regulates the obligation for drivers to operate their vehicles reasonably and with full concentration, as well as criminal sanctions for drivers who fail to meet this obligation,” wrote Syah Wardi on the official MK website.

According to him, in practice, this norm does not provide clarity or legal certainty.

Especially regarding actions that clearly disrupt concentration and endanger the safety of road users. This includes the act of smoking while driving a motor vehicle.

“The ambiguity of the norm and the weakness of legal protection have the potential to create legal uncertainty, inconsistent law enforcement, and suboptimal protection of the right to safety and security for the petitioner as a citizen and road user,” Syah Wardi continued.

Therefore, he deems it necessary to file this judicial review to obtain a clarification of the norm's constitutional meaning.

In addition, he also wants to ensure the fulfillment of the principle of legal certainty, the protection of the right to life, and the safety of citizens as guaranteed by the 1945 Constitution of the Republic of Indonesia.