Indah Setiawati, Jakarta – After grilling Cabinet ministers and putting Vice President Boediono in the hot seat in plenary sessions, legislators are concluding they can push the Jakarta city administration around in the same way.

First, the lawmakers have made Governor Fauzi Bowo give up the Taman Ria area in Senayan to be part of the expansion of the House of Representatives building. So the administration has to face legal charges from PT Ariobimo Laguna Perkasa, the original developer.

Now legislators, who are active smokers, say the city's smoking ban, sanctioned since 2005 should not be applied to them.

Ruhut Sitompul of the Democratic Party admitted that like many lawmakers, he still smoked cigarettes in the House's assembly rooms before a hearing or during a break, as well as in alleys, and even in toilets.

"The House's ruling prohibits legislators from smoking during hearings. We do not smoke while working" he said on Friday. Ruhut defended that he is smoking at other times in the building because no rule has banned people from smoking inside the House.

Lawmaker Bambang Soesatyo of Golkar Party concurred, saying that he had not yet been told about it. "It is the job of the city administration to inform us about the decree formally," he said.

Despite its weak enforcement, the administration has introduced smoking bans at public places since 2005 and previously required every building to have smoking rooms. The ban has been recently revised so that no one is allowed to smoke anywhere inside public buildings.

Former legislator Hakim Sorimuda Pohan, now a member of the Tobacco Control Support Center said this resistance to the smoking ban showed lawmakers were arrogant.

"It's uncivilized, barbaric, claiming they are unaware of the decree. They think they can do anything, including maintaining their rude habit of smoking anywhere, just because they are lawmakers," he said. He urged lawmakers to care more for others in relation to smoking.

He said smoking inside public buildings was more about ethics and morals than regulations. "The building sits in the Senayan area. As long as it is located in Jakarta, the law is applicable," he said.

Governor Fauzi Bowo said the House of Representatives office came under city rules, obliging legislators to obey the smoking ban. "If people are smoking, the building management will have to take their responsibility," he said, adding there could be no exceptions.

Fauzi, who is known for his stern remarks, however, declined to get tough with the lawmakers, saying that his administration would talk to the House's secretary division to familiarize them with the regulation.

The admnistration stopped a few months ago the construction of a shopping center on Taman Ria, which was run by Ariobimo and Lippo Group, saying that the companies have yet to attain permit to build in the area. The decision came after lawmakers protested the construction, saying that the city need more green areas.