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Following the high number of suspects and fatality rate due to the Corona Virus Disease (“Covid-19”) in Jakarta, on 11 September 2020, Governor of DKI Jakarta Mr. Anies Baswedan amended the Governor Regulation No. 33 of 2020 concerning the Implementation of Large-Scale Social Restrictions in Handling the Covid-19 in Jakarta Province (“Governor Regulation 33/2020”) by issuing the Governor Regulation No. 88 of 2020 (“Governor Regulation 88/2020”).

This Governor Regulation 88/2020 is intended to restrict the opportunity for public interaction after the DKI Jakarta Government previously relaxed the Large-Scale Social Restrictions policy (Pembatasan Sosial Berskala Besar/“PSBB”) into transition on 4 June 2020. The PSBB is not a lock-down or quarantine policy, but the restriction of certain activities on outside-home activities for residents in Jakarta to prevent the possibility of Covid-19 massive spread which will be specifically addressed below:

Restrictions in the Workplace

During the implementation of new PSBB, the DKI Jakarta Government urge all business actors and government office in the territory of Jakarta to stop working activities within the workplace and implement the work-from-home activities. If the working activities could not be conducted at home, the business actors and/or government office is permitted to operate the workplace with no more than 25% (twenty-five percent) of the total employees to be present within the workplace at the same time and must obey with the health protocol.

Furthermore, if any employee is suspected Covid-19, the business actors must suspend their activities at workplaces at least 3×24 (three times twenty-four) hours and ensure the security of their employees who has been suspected Covid-19.

Business Sectors Excluded from the Restrictions

Although the implementation of new PSBB restricted the activities in workplace as mentioned above, there is some exception on the following sectors:

1. All Foreign State Representative Offices and/or international organizations which conducts the diplomatic and consular and other activities regulated under the international laws;
2. State-owned and regionally owned enterprises which are involved in the mitigation of Covid-19 and/or the fulfillment of daily needs;
3. Business entities which operate within any of the following sectors:
   • Health;
   • Food and beverages limited to take-away services;
   • Energy;
   • Communication and information technology;
   • Finance;
   • Logistics;
   • Hospitality, with condition that guests remain in their room;
   • Construction projects;
   • Strategic industries;
   • Basic services and public and industrial utilities which have been determined as objects of vital national importance; and/or
   • Business entities which are involved in providing daily needs
4. Local and international community organization which operates in disaster and social sectors.

Moreover, the following conditions applies for the business actors and/or building’s person in charge which the business sectors excluded from the new PSBB:

1. The business actors or building’s person in charge must form a Covid-19 Prevention Team;
2. To seek any updates information related to the Covid-19 and provide any report to the government if there are any cases within the workplace;
3. To operate the workplace with maximum 50% (fifty percent) capacity of employee to be present within the workplace;
4. To ensure the working area is clean and hygiene and ensure the employees is not infected Covid-19; and
5. To oblige the employee to comply with the health protocol, such as: wear a mask at every time and conduct the body temperature checking, use hand sanitizer and hand washing facilities before entering the workplace.

Isolations Policy

There is a new isolation policy in the new PSBB regulation, DKI Jakarta Government implement the controlled-isolation protocol in the designated locations, such as at Wisma Atlet Kemayoran, Jakarta Islamic Centre, Graha Wisata Taman Mini Indonesia Indah, Graha Wisata Ragunan and other hotels and guesthouses determined for quarantine location, instead of implementing the self-isolation during the incubation of Covid-19. The new controlled isolation protocol is stipulated to reduce the transmission of Covid-19 for asymptomatic patients.

Sanctions

To decrease the number of suspects and fatality rate, DKI Jakarta Government furtherly impose sanction for any person who violate the PSBB, such as:

1. Any people who refuse to do the controlled-isolation will be forcibly picked up by Public Order Officers (Satpol PP) or military apparatus to do the controlled-isolation protocol in the designated locations set by Government;
2. Any business actors or building’s person in charge who does not comply with the health protocol could be imposed by administrative sanction, such as workplace closure for 3×24 (three times twenty-four) hours and if they continue to violate the health protocol, could be imposed with sanction as follows:
   • Administrative fine with the amount of Rp50.000.000,00 (fifty million Indonesian Rupiah) will be imposed for any business actors or building’s person in charge for the second violation;
   • Administrative fine in the amount of Rp100.000.000,00 (one hundred million Indonesian Rupiah) will be imposed for any business actor or building’s person in charge for the third violation;
   • Administrative fine in the amount of Rp150.000.000,00 (one hundred fifty million Indonesian Rupiah) will be imposed for any business actor or building’s person in charge for the fourth violation.

If the business actors or building’s person in charge fails to fulfill the obligation to pay the administrative fines within 7 (seven) working days, the Government will temporarily suspend the business premises until the business actors or building’s person in charge fulfill the obligation to pay the fines.

Duration

Pursuant to the Decree of Governor of Jakarta No. 959 of 2020 concerning the Enforcement of the Implementation of Large-Scale Social Restrictions in Handling Covid-19 in the Capital City of Jakarta (“Governor Decree 959/2020”), the period of PSBB is 14 (fourteen) days, starting from 14 September 2020 to 27 September 2020 with a note that can be extended until 11 October 2020 according to the situation and conditions. For your information, on 24 September 2020, Mr. Anies Baswedan has extended the PSBB duration until 11 October 2020.

Hope the above information is useful. Should you have any enquiries, please do not hesitate to contact us.

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