Updates on the Regulation of Large-Scale Social Restrictions in Jakarta During COVID-19 Outbreak

The Provincial Government of the Capital City of Jakarta (“Jakarta Government”) has just released the Regulation of the Governor of DKI Jakarta No. 33 of 2020 concerning the Implementation of Large-Scale Social Restrictions in Handling the Covid-19 in Jakarta Province (“Governor Regulation 33/2020”) on this day, Thursday, 9 April 2020. As we understand, this regulation is the implementing regulation of the Government Regulation No. 21 of 2020 concerning Large-Scale Social Restrictions in the framework to Accelerate the Covid-19 Handling (“Government Regulation 21/2020”) signed by President Joko Widodo on 31 March 2020.

We note some important information you need to know related to the implementation Large-scale Social Restrictions (“PSBB”) in Jakarta:

1. PSBB and Its Implementation

PSBB is not the lock-down or quarantine policy, but it is the restriction of certain activities of residents in an area suspected/infected by Covid-19 in order to prevent the possibility of massive spread. The Jakarta Government further regulates that the restricted activities are in the form of restrictions on outside-home activities for those who is domiciled and/or have activities in the area of Jakarta as follows:

  1. Temporarily stop teaching and learning activities in schools and/or other educational institutions, except those related to the health services education;
     
  2. Temporarily stop any work activities at work places/offices, except government institutions, embassy and related offices, certain State/Regionel Government Enterprises (BUMN/BUMD), organizations engaged in disaster management, and any other companies in the fields of health, food and beverages, food providers, energy, communication/cellular, financial/bank, logistics, hotels, construction, strategic industry, essential basic services and providers of daily needs;
     
  3. Religious activites in churches, mosques, temples, and so on;
     
  4. Activities in public facilities;
     
  5. Social and cultural activities, except for those who conducted marriage, funeral which is not due to Covid-19 and circumcision while continuing to do restrictions (still prohibited to hold events that cause crowds); and
     
  6. People and goods movement that using transportation and/or mass transportation.

2. Does the Business in Jakarta have to Stop?

Regarding the restrictions of work activities in the work places/offices, Article 9 paragraph (2) of the Governor Regulation 33/2020 regulates that all workers must work from home during the enforcement of this regulation. However, every Employer must ensure the following matters:

  • Any business activities continue to run on a limited basis;
  • To maintain productivity/performace of the employee;
  • To prevent the Covid-19’s spread in the office and its environment by doing routine cleaning, disinfection and closing access for inappropriate parties;
  • To secure the office location and surrounding environment; and
  • Provides protection to employees infected to Covid-19 related to the applicable laws and regulations.

For companies that are excluded from the PSBB, the following conditions applies:

  1. Restrictions of interaction in work activities;
  2. Restrictions on workers who have a history of certain diseases;
  3. To implement the Covid-19 prevention protocols, including:
    • Ensure that work locations/offices are always clean and hygienic;
    • Collaborate with the nearest health facility for emergency measures;
    • Providing vaccines, vitamins and additional nutrients to increase employee’s immunity;
    • Perform regular disinfection;
    • To monitor employee’s body temperature before and while at work/office;
    • Implement the obligation to wash hands with soap and/or use a hand sanitizer regularly and provide accessible facilities;
    • Perform physical distancing by keeping at least 1 (one) meter between employees;
    • Provides information and appeals about the prevention of Covid-19; and
    • To conduct temporary suspension of work activities in the office and isolation for 14 (fourteen) days if you find employees who are patients under supervision/suspected of Covid-19 and do office sterilization.

3. Incentives for Employers

Yes, The Jakarta Government could provide some incentives in the form of reducing taxes and retributions, providing social assistance to employees who are affected by the implementation of the PSBB, and/or other assistance in accordance with statutory provisions.

4. Duration of the PSBB Enforcement

Pursuant to the Decree of Governor of Jakarta No. 380 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 380/2020”), the period of PSBB application in Jakarta is 14 (fourteen) days, starting from 10 April 2020 to 23 April 2020 with a note that can be extended according to the situation and conditions.

5. Sanctions

As we understand that PSBB is one of the acts of health quarantine as stipulated under Law No. 6 of 2018 concerning Health Quarantine (“Law 6/2018”). Therefore, every person who does not obey and/or obstructing the implementation of this PSBB and causes public health emergency could be convicted for a maximum period of 1 (one) year imprisonment and/or a maximum fine of Rp100,000,000.00 (one hundred million Rupiah). Companies can also be convicted if:

  1. It was committed by the Company’s controlling personnel;
  2. It was carried out in order to fulfill the purposes and objectives of the Company;
  3. It was conducted in accordance with the duties and functions of the Giver of the order; and/or
  4. It was committed with the intention of providing benefits to the company.

(Article 27 of Governor Regulation 33/2020 jo. Article 93 and Article 94 of Law 6/2018)

The end.

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Photo by Adrian Pranata on Unsplash

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