COVID-19 Pandemic: Implementation of Transitional PSBB within DKI Jakarta Area

After months of Large-Scale Social Restriction/Pembatasan Sosial Berskala Besar (“PSBB”), DKI Jakarta has entered the transitional phase and gradually relaxed the PSBB by reopening its economic activities started on early June 2020. By the end of June, the city will consider whether it is feasible to proceed to the next stage of transitions which includes the reopening of schools.

Legal Frameworks: Our below executive summary refers to the following regulations:

  1. DKI Jakarta Governor Regulation No. 51 of 2020 on the Implementation of Larger-Scale Social Restrictions during the Transition Period to a Healthy, Safe, and Productive Society (“Governor Reg. 51/2020”); and
  2. Head of the Transportation Agency for DKI Jakarta has issued Decree No. 105 of 2020 on Transportation Sector Controls for the Prevention of COVID-19 during the Transition to a Healthy, Safe, and Productive Society (“Decree 105/2020”).

Main Keys on the Implementation of Transitional PSBB: We provide the following main keys to the implementation of transitional PSBB within DKI Jakarta area.

Scope of Transitional PSBB in DKI Jakarta: We refer to the Art. 4 (3) of Governor Reg. 51/2020, DKI Jakarta will gradually implement the transitional PSBB to the following activities: (a) Educational facilities; (b) House of worship; (c) Workplaces; (d) Public facilities; (e) Social and cultural activities; and (f) Public transportation.

Note:  Determination of the relaxation stages of each activity amidst the PSBB transition period will be further governed under the Governor’s Decree. (Art. 4 (4) of Governor Reg. 51/2020).

General Obligations amidst the Transitional PSBB: We note that during the transitional PSBB phase, everyone is required to wearing face masks and implement a clean and healthy lifestyle. (Art. 7 (3) of Governor Reg. 51/2020).

Violation on the wearing face mask obligation is subject to a fine of IDR250,000 (two hundred fifty-thousand Rupiahs) or requisite for community service punishment (Art. 8 (1) of Governor Reg. 51/2020).

Compulsory Protocols in Workplaces: We note that during the transitional PSBB period every workplace should implement certain protocols, among others, the following:

a. establish a COVID-19 response team;

b. restrict the number of people in the workplace to 50% of its capacity;

c. make necessary adjustments to working days, working hours, shifts and systems;

d. expect employees to wear face masks within the workplace;

e. assure workplaces hygiene through regular cleansing and disinfecting;

f. enforce physical distancing during every working stage;

g. proactively monitor employee health; and

h. invoke COVID-19 prevention protocols within the workplace. (Art. 13 (2) of Governor Reg. 51/2020)

We further note that the monitoring of compliance will be commenced by the Jakarta Manpower, Transmigration, and Energy Agency. The employer who fails to enable the aforementioned protocols will be subject to written reprimand or fine amounting to IDR25,000,000 (twenty-five million Rupiahs) (Art. 13 (4) and (5) of Governor Reg. 51/2020).

Public Transportation Guidelines amidst Transitional PSBB: Further to the implementation of Transitional PSBB, the Head of Transportation Agency of DKI Jakarta has provided the following comprehensive guidelines on the operation of public transportation:

a. Set up a limitation on maximum 50% passenger capacity and operational hours for various modes of public transportation in DKI Jakarta (Point 2 of Decree 105/2020); 

b. As of 8 June 2020, motorcycle ride-hailing services/ojek online is allowed to carry a passenger under the following conditions:

  1. All motorcyclists are required to wear masks and provide hand sanitizer;
  2. Motorcycle ride-hailing services are prohibited to serve in local-scale strict surveillance area/wilayah pengendalian ketat berskala lokal;
  3. All motorcyclists should keep maintaining the hygiene of its vehicles;
  4. All motorcyclists should wear official jackets and helmets which stated the names of their respective companies. (Point 3 of Decree 105/2020)

c. Mandates all office buildings and shopping centers to provide bicycle parking facilities near the main entrances of the buildings and provide sufficient shower facilities for all cyclists. (Point 5 of Decree 105/2020)

We further note that anyone who breaches the above provisions will be imposed by the following sanctions:

  1. Fine amounting to at the minimum IDR100,000 (one hundred thousand Rupiahs) and maximum IDR500,000 (five hundred thousand Rupiahs);
  2. Requisite public service; and
  3. Vehicle towing.  (Point 7 of Decree 105/2020)

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.