COVID-19 Pandemic: Implementation of Large-Scale Social Restriction within DKI Jakarta Area

In response to the current spreading of COVID-19 pandemic, the Indonesian government has implemented Large-Scale Social Restriction / Pembatasan Sosial Berskala Besar (“PSBB”) to alleviate the virus spreading. Numbers of provinces in Indonesia have implemented the PSBB since 10 April 2020 including DKI Jakarta. The Jakarta’s Governor has implemented PSBB on 10 April 2020 until 24 April 2020 and has been extended until 22 May 2020.

Legal Frameworks: Our below executive summary refers to the following legal frameworks:

  1. Government Regulation No. 21 of 2020 on Large-Scale Social Restriction for the Acceleration of Mitigation of Coronavirus Disease 2019 (COVID-19) (“GR 21/2020”);
  2. Ministry of Health Regulation No. 9 of 2020 on the Guidelines on Large-Scale Social Restriction for the Acceleration of Mitigation of Coronavirus Disease 2019 (COVID-19) (“MoH Regulation 9/2020”);
  3. Minister of Industry (“MoI”) Circular Letter No. 7 of 2020 on Guidelines for the Submission of Applications for Industrial Activity Implementation Permits During the Period of Public Health Emergency of Coronavirus Disease 2019 (COVID-19) (“MoI Circular Letter 7/2020”);
  4. DKI Jakarta Governor’s Regulation No. 33 of 2020 on Large-Scale Social Restriction for the Mitigation of Coronavirus Disease 2019 (COVID-19) in DKI Jakarta Area (“Governor Regulation 33/2020”); and
  5. DKI Jakarta Governor’s Regulation No. 41 of 2020 on Imposition of Sanction for Violation on Large-Scale Social Restriction for the Mitigation of Coronavirus Disease 2019 (COVID-19) in DKI Jakarta Area (“Governor Regulation 41/2020”).

Main Keys on the Implementation of PSBB in DKI Jakarta: We have managed to provide you the following main keys on the implementation of PSBB in DKI Jakarta area in light of the COVID-19 pandemic.

Scope of the PSBB Implementation: We note that the scope of PSBB implementation covers the following activities (Art. 5 (4) of Governor Regulation 33/2020):

(1) Learning activities within schools and other educational institutions: We note that all institutional learning activities should be temporarily halted during the implementation of PSBB and reinstated by distance-learning/Pembelajaran Jarak Jauh (PJJ) (Art. 6 (1) and (2) of Governor Regulation 33/2020).

(2) Activities within the workplace: We note that companies are urged to implement work-from-home policy and temporarily suspended all its operational activities in the workplace (Art. 9 (1) and (2) of Governor Regulation 33/2020).

However, we noted that government institutions, foreign representative and international organizations, state-owned enterprises which are involved in COVID-19 mitigation, and business activities which provide basic human needs (such as finance, logistics, telecommunication, and so forth) are exempted from the obligations and may to continue its activities by implementing the protocol to prevent the spreading of COVID-19 within the workplace. (Art 10 (1) and (2) of Governor Regulation 33/2020).

(3) Religious activities at houses of worship: We note that the Government urged all religious activities to be done at home and temporarily ceased the activities in any houses of worship (Art. 11 (1) and (2) of Governor Regulation 33/2020).

(4) Activities within public places and facilities: We note that crowds of more than 5 (five) people at public places or facilities are prohibited amidst the implementation of PSBB. However, the prohibition exempts some activities related to the procession and/or distribution of people’s basic needs such as food and beverages, groceries, and so forth (Art 13 (1) jo Art 14 (1) and (2) of Governor Regulation 33/2020).

(5) Social and cultural activities: We note that all gatherings of social and cultural activities (such as politics, sports, and entertainment events) are temporarily restricted during the implementation of PSBB. However, as for weddings, funerals and/or death rituals (provided that death is not caused by COVID-19) are allowed forasmuch as implementing physical distancing and health protocol (Art 16-17 of Governor Regulation 33/2020).

(6) Movements of persons and goods via various modes of transportation: We note that amidst the PSBB, all person and goods movement are restricted except for movements that relate to the fulfillment of basic human needs and certain activities (Art. 18 (1) of Governor Regulation 33/2020). Provided that private vehicles, public transportation, and railways are exempted from the provision, all transportations should limit their passenger numbers to a maximum of 50% of the relevant capacities. Consequently, please be advised that application-based ride-hailing services (such as go-ride and grab-bike) will only be allowed to carry goods and not passengers. (Note: Please refer to Head of the Transportation Agency of DKI Jakarta Decree No. 71 of 2020 to find further elaboration in related to the operation of transportation amidst the implementation of PSBB.)

Industrial Activities Permit during the implementation of PSBB: We also note that the industrial companies and/or companies located in industrial-areas may continue its business activities during the current health emergency situation and PSBB implementation by securing operational and mobility permits (“Permits”) through online applications via https://siinas.kemenperin.go.id (Point E No. 1 and 3 of MoI Circular Letter 7/2020). 

We further note that the issued Permits will be in the form of a Certificate which will remain valid throughout the COVID-19 public health emergency period.  Nevertheless, please be advised that the MoI is authorized to repeal the issued Permits if found any contrariety between the submitted data and actual circumstances. (Point C of the Appendix of MoI Circular Letter 7/2020).

Sanction of Violation PSBB Provisions in DKI Jakarta: We note that the Governor of DKI Jakarta has promulgated sanctions for the violation of PSBB which has been in force since 30 April 2020. The following are the summary of types of violation and its sanction as stipulated on the Governor Regulation 41/2020:

No

Violation

Sanction
  1.  

Anybody who is not wearing any face mask in public places or involved in crowds more than five people in public places
  1. Written warning;
  2. Community service; and
  3. Administrative fines amounting to IDR100,000-IDR250,000 (Art. 4 (1) jo. Art 11 (1) of Governor Regulation 41/2020)
  1.  

Educational institution who violates the temporary halt order or anybody who performs religious activity within the houses of worship

Written warning (Art. 5 (1) jo. Art. 10 of Governor Regulation 41/2020)
  1.  

Workplaces who violate temporary halt order or violate the implementation of COVID-19 mitigation protocol
  1. Temporary suspension of workplace activities; and
  2. Administrative fines amounting to IDR5Milion to IDR10Million; or
  3. Written warnings and administrative fines amounting to IDR25Milion to IDR50Million (Art. 6 (1) and (2) of Governor Regulation 41/2020)
  1.  

Restaurant owners who provide dine-in services and hotels which facilities may lead to large crowds
  1. Temporary suspension of business activities; and
  2. Administrative fines amounting to IDR5Milion to IDR10Million (Art. 7 and Art. 8 of Governor Regulation 41/2020)
  1.  

Management of construction project who fails to implement sufficient health protocols
  1. Written warning and administrative fines amounting to IDR25Milion to IDR50Million; and
  2. Temporary suspension of the project site (Art. 9 of Governor Regulation 41/2020)
  1.  

Individual or legal entity who carry out social or cultural events which are not exempted and attract large crowds

  1. Community service (for individual);
  2. Administrative fines amounting to IDR5Million to IDR10Million (for legal entity); or
  3. Revocation of business activities (for legal entities)
  1.  

Car passenger who violate the limitation of 50% occupancies capacity and/or who is not wearing a mask inside the vehicle 

  1. Administrative fines amounting to IDR500,000-IDR1Million;
  2. Community service; or
  3. Seize of vehicles (Art. 13 (1) of Governor Regulation 41/2020)
  1.  

Motorcyclist who carry passengers whom they do not share a house with or is not wearing mask or application-based ride-hailing who transport passengers
  1. Administrative fines amounting to IDR100,000-IDR250,000
  2. Community services;
  3. Seize of vehicles (Art. 13 (1) of Governor Regulation 41/2020)
  1.  

Public transportation provider who violates provisions on operational hours, the 50% capacity passenger limitation and/or mandatory wearing masks 

  1. Administrative fines amounting to IDR100,000-IDR500,000
  2. Community services;
  3. Seize of vehicles (Art. 15 (1) of Governor Regulation 41/2020)

 

The article above was prepared by Marshall S. Situmorang (Partner) and Aniendita Rahmawati (Associate). 

Disclaimer: The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances. For more information, please contact us at mail@nusantaralegal.com.