THE GOVERNOR OF DKI JAKARTA HAS RE-APLLIED THE POLICY OF LARGE SCALE SOSIAL RESTRICTION AS AN EMERGENCY BRAKE MEASURE
BY : Evando Marsa Achdiat
The Governor of the Special Capital Region of Jakarta Province (“DKI Jakarta”) has been forced to re-apply the Large Scale Social Restriction (Pembatasan Sosial Berskala Besar/”PSBB”) due to the significant escalation of the spread of Coronavirus Disease 2019 (“COVID-19”) in the territory of DKI Jakarta through the issuance of the Decree No. 959 of 2020 concerning the Enactment of Large Scale Social Restriction Implementation In Handling the Corona Virus Disease 2019 (COVID-19) in the Special Capital Region of Jakarta Province (“Governor Decree No. 959/2020”). As the implementing regulation of the Governor Decree No. 959/2020, the Governor of DKI Jakarta also issued the Governor of DKI Jakarta Regulation No. 88 of 2020 concerning the Amendment of Governor of DKI Jakarta Regulation No. 33 of 2020 concerning the Implementation of Large Scale Social Restriction in Handling the COVID-19 in DKI Jakarta (“Governor Regulation No. 88/2020”).
Based on the Governor Decree No. 959/2020, the PSBB policy has been into force since 14 September 2020 and will be applied until 27 September 2020. Furthermore, the PSBB policy may be extended for 14 (fourteen) days in the event that the spread of COVID-19 remains escalating and subject to the evaluation the COVID-19 Handling Committee of DKI Jakarta (Gugus Tugas Percepatan Penanganan COVID-19 DKI Jakarta). The Governor Regulation No. 88/2020 stipulatesthe guidance of the implementation of PSBB in DKI Jakarta.
Below are the restricted activities during PSBB:
- Restriction of activities
- School and other academic institutions activities:
Teaching and learning conducted by school and other academic institution (i.e. university, training institution, research institution, development institution and any other academic institution) must be conducted at home through the system that provided by its institution.
- Operation of offices and business activities:
The government of DKI Jakarta temporarily suspends any work activities in the offices as well as business activities and re-applies a work from home system. However, there are several sectors that may still conduct its activities normally, which are as follows:
- Offices with the following category:
- foreign country representation offices and/or international organization conducting diplomatic and counselor function as well as other function pursuant to the international law provision; and
- state or regional owned enterprises involved in handling the COVID-19 pandemic and/or providing public primary needs.
- Business in the sector of:
- healthcare;
- food and beverages;
- energy;
- communication and information technology;
- financial;
- logistics;
- hospitality;
- construction;
- strategic industries;
- basic services, public utilities and industry which deemed as the national vital objects and certain objects; and/or
- daily needs.
- Local and international public organization having activities related to disaster and/or social.
However, based on the Governor Regulation No. 88/2020, it is notable that other offices and business sectors as not mentioned above may still work from the office with the limitation of a maximum of 25% (twenty five percent) of the employees from the total employees of such office allowed to attend the office at once.
- Offices with the following category:
- Religious activities in the house of worship:
The Governor of DKI Jakarta still restricts religious activities in the house of worship. However, there are different restrictions on the PSBB policy under the Governor Regulation No. 88/2020 whereby religious places may still conduct its activities with the condition that only maximum of 50% (fifty percent) users from the total capacity of such religious place may attend such religious place. Furthermore, religious places located at the red zone as stipulated by the Ministry of Health shall be fully closed.
- Activities in public facilities:
The government of DKI Jakarta stipulates that it is prohibited to conduct activities that consist of more than 5 (five) people in an open area or public area. Furthermore, all of the public facilities both owned by the DKI Jakarta and owned by a private party will be fully closed except it is related to the activity of: (i) fulfilling the daily and primary needs of public (with the provision that take away and delivery system is a priority); and (ii) public doing sports privately.
- Social and cultural activities:
During the implementation of the new PSBB policy, activities related to social and culture that triggers voluminous crowd will be restricted. The said social and culture activities are related to (i) politics; (ii) sport; (iii) entertainment; (iv) academics; and (v) culture. It is prohibited to organize a wedding reception. The marriage can only be done privately in the relevant institution (Religious Affairs or Civil Registry Office).
- Transportation operation and movement of people and goods using transportation:
All of the operation of public transportation will be restricted and may only operate in certain time. Furthermore, public transportation may only provide 50% (fifty percent) of its capacity in transporting people for the intention of social distancing. Furthermore, private transportation may still operate in the territory of DKI Jakarta.
- School and other academic institutions activities:
- Supervision by the government and sanction
The government of DKI Jakarta, through the police officers and the national army of Indonesia will conduct patrols around the territory of DKI Jakarta to supervise the PSBB implementation. The government will impose a sanction for any party violating the PSBB.
Note: The content of this article does not constitute legal advice and should not be relied as such. Judge’s opinion may also be different, due to the facts relevant to the case. If you need specific advice related to this topic, please contact us by email through info@yangandco.com.
