COVID-19 Pandemic: DKI Jakarta Eases the Strict PSBB and Returns to Transitional PSBB
The DKI Jakarta Provincial Government has repealed the emergency brake policy for Large-Scale Social Restriction/Pembatasan Sosial Berskala Besar (“PSBB”) after four weeks (13 September – 11 October 2020) due to the slowdown in the increase of positive and active COVID-19 cases in Jakarta. Hence, the Transitional PSBB with several new provisions will be imposed from 12 October – 25 October 2020. (Note: Please find our previous article on the imposition of strict PSBB policy here.)
Legal Frameworks: Our below executive summary refers to the DKI Jakarta Governor Regulation No. 101 of 2020, which amends Governor Regulation No. 79 of 2020 on the Implementation of Discipline and Law Enforcement of Health Protocols as Prevention and Controlling Efforts of the Spreading of Coronavirus Disease 2019 (“Governor Reg. No. 79 of 2020 as amended by Governor Reg. No. 101 of 2020”).
Main Keys on the Reimposition of Transitional PSBB within DKI Jakarta area: We have managed to provide you the following main keys regarding the reimposition of transitional PSBB within DKI Jakarta area.
Workplace Activities: We note that businesses within the 11-essential-sectors, among others health, energy, finance, and strategic industries, are now allowed to operate at a necessary capacity and exempted from 50% capacity limitation.
On a related note, every workplace shall adjust working hours and work shifts with a minimum break of 3 hours between shifts and maximize the use of technology. However, workplaces require to close their workplace for 3x24 hours period for disinfection if a new COVID-19 cluster is detected (Art.8 (1) of Governor Reg. No. 79 of 2020 as amended by Governor Reg. No. 101 of 2020).
Restaurants and Cafés: Restaurants and cafes can serve dine-in during the transitional PSBB with a limitation of 50% of customer capacity. Additionally, restaurants should apply the minimum distance of 1 meter between each customer's tables and chairs (Art. 12 (1) of Governor Reg. No. 79 of 2020 as amended by Governor Reg. No. 101 of 2020).
Sports and Entertainment Activities: Numbers of indoor activities that were previously banned, such as cinemas, seminars, wedding ceremonies, and indoor gym is now allowed to operate with certain limitation as follows:
- maximum of 25% of capacity;
- implement social distancing, with distance between attendants of at least 1.5 meters, 2 meters for indoor gym activity;
- prohibition of changing seats and buffet service;
- Workers must wear personal protective equipment e.g. face mask, face shield, and gloves.
- Group training and workout can only be conducted in the outdoor area.
Prohibited Activities: We note that several types of entertainment activities, such as nightclubs, spas, massage parlors, and the karaoke are yet to operate in this second phase of transitional PSBB. DKI Jakarta government considers such activities require close physical contact or are of high intensity and thus have a high risk of the Covid-19 transmission.
Sanctions of Health Protocol Violation: We note that the following are some sanctions that may be imposed by DKI Jakarta’s government:
- Persons in Charge (“PIC”) of workplaces/public facilities/industrial areas/tourist attractions that violate the required health protocols and obligations may subject to administrative sanctions of fines ranging from IDR50 million to IDR150 million and temporary closure for 3x24 hours (Art. 8 (5) and (6) of Governor Reg. No. 79 of 2020 as amended by Governor Reg. No. 101 of 2020).
- PIC of restaurants or cafes that violate the health protocols and obligations may subject to administrative sanctions of fines ranging from IDR50 million to IDR150 million and temporary closure for 1x24 hours (Art. 12 (2) and (4) of Governor Reg. No. 79 of 2020 as amended by Governor Reg. No. 101 of 2020).
The article above was prepared by Marshall S. Situmorang (Partner) and Aniendita Rahmawati (Associate).
