PSBB is Extended for Two Weeks
Following the issuance of the Governor of DKI Jakarta Decree No. 19 of 2021 dated January 7, 2021 on the Entry into Force, Period and Outdoor Activities Limitation of Large-Scale Social Restrictions (“Decree 19/2021”), the Governor of DKI Jakarta issued the Decree No. 51 of 2021 dated January 22, 2021 on the Extension of Entry into Force, Period and Outdoor Activities Limitation of Large-Scale Social Restrictions (“Decree 51/2021”).
Decree 51/2021 provides that outdoor activities limitations and large-scale social restrictions policies (Pembatasan Sosial Berskala Besar – “PSBB”) will be extended for two weeks, effective as of January 26 to February 8, 2021.
Decree 51/2021 set out similar provisions contained in Decree 19/2021. The key changes in Decree 51/2021 are as follows:
- Restaurants Activities
Restaurants and cafes may open for dine-in for only up to 25% (twenty five percent) from the full capacity. Dine-in service is permissible only until 8:00 p.m. (Jakarta time).
- Activities at Shopping Malls
Shopping centers or malls may only operate until 8:00 p.m. (Jakarta time). The standard health protocols must be applied during the operational hours, including providing hand sanitizer and the verification of visitors’ body temperature before they enter the building.
Although the foregoing Decrees are only applicable in Jakarta, other regions will also apply similar stringent PSBB policies. The Minister of Home Affairs (“MOHA”) Instruction No. 2 of 2021 dated January 22, 2021 on the Extension of Entry into Force of Activities Limitation to Manage the Spread of Covid-19 orders Governors and Mayors/Regents of specific cities/regencies in Jawa and Bali to also apply similar stricter PSBB policies.
As of January 26, 2021, Indonesia hit 1,012,350 positive cases of Covid-19, 13,094 of which were new cases. In Jakarta alone, 2,314 of new cases were recorded as of January 26, 2021.
***
January 27, 2021
Please contact Johannes C. Sahetapy-Engel [jsahetapyengel@aksetlaw.com] and I. Vivi N. Sidabutar [isidabutar@aksetlaw.com] for further information] for further information.
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PSBB is Extended for Two Weeks
Jakarta Applies More Stringent PSBB for Two Weeks
The Governor of DKI Jakarta decided to implement stricter large-scale social restrictions (Pembatasan Sosial Berskala Besar – “PSBB”) in Jakarta for the next two weeks, effective as of January 11 to January 25, 2020. This policy is based on the Governor of DKI Jakarta Decree No. 19 of 2021 dated January 7, 2021 on the Entry into Force, Period and Outdoor Activities Limitation of Large-Scale Social Restrictions (the “Decree”). The Decree stipulates that for any outdoor activities, Jakarta residents must adhere to health protocols as governed under Governor of DKI Jakarta Regulation No. 3 of 2021 dated January 7, 2021 on Implementing Regulation of Regional Regulation No. 2 of 2020 on the Prevention of Corona Virus Disease 2019 (the “Regulation”).
The Governor of DKI Jakarta applies this stringent PSBB due to the significantly increasing number of Corona Virus Disease 2019 (“Covid-19”) cases in Indonesia. On January 10, 2021, Indonesia recorded 9,640 new Covid-19 cases, 2,711 of which cases were recorded in Jakarta alone.
The Decree and the Regulation require Jakarta residents to comply with the following provisions:
- Activities at Workplaces
Private offices and state-owned enterprises are required to limit “work from office” policy to 25% (twenty five percent) from the full capacity of the workplace. If any employee is confirmed Covid-19 positive, the workplace shall be closed for at least 3x24 (three times twenty-four) hours and must be thoroughly disinfected.
- Activities of Essential Sectors
Any activities in the sector of energy, communication and IT, finance, logistics, hotels, industrial, basic necessities, public utilities, and national vital objects are allowed to fully operate while also following the health protocols. Places to fulfill the public needs, such as traditional markets, convenience stores, grocery shops, minimarkets, supermarkets, and hypermarkets are also permitted to fully operate.
- Construction Activities
The Decree allows construction activities to fully operate while also following the health protocols. This includes providing hand sanitizer and checking the workers’ body temperature before they enter the construction place.
- Educational Activities
All educational activities must be conducted online.
- Restaurants Activities
Restaurants and cafes may open for dine-in for only up to 25% (twenty five percent) from the full capacity. Dine-in service is permissible only until 7:00 p.m. (Jakarta time).
- Activities at Shopping Malls
Shopping centers or malls may only operate until 7:00 p.m. (Jakarta time). The standard health protocols must be applied during the operational hours, including providing hand sanitizer and the verification of visitors’ body temperature before they enter the building.
- Religious Activities at Places of Worship
For any religious activities carried out in places of worship, the maximum attendance shall be 50% (fifty percent) from the full capacity.
- Activities at Health Facilities
Any activities at healthcare providers may be carried out at 100% (hundred percent) capacity while following the health protocols.
- Activities at Public Places and Other Places which may Lead to Crowds
Any activities held at public places and other places which may lead to crowds must have relevant permits and the capacity shall be limited to 50% (fifty percent) of the full capacity.
- People Movement Using Public and/or Private Transportations
For mass public transportations, taxis, and rented vehicles, the maximum capacity would be 50% (fifty percent) of the full capacity of such vehicles. Meanwhile, for motorcycle taxis (ojek), the Decree allows a full capacity.
Although the Decree and the Regulation are only applicable in Jakarta, it is expected that other regions will also apply more stringent PSBB policies. The Minister of Home Affairs (“MOHA”) issued the MOHA Instruction No. 1 of 2021 dated January 6, 2021 on the Entry Into Force of Activities Limitation to Manage the Spread of Covid-19 to order Governors and Mayors/Regents of specific cities/regencies in Jawa and Bali to apply stricter PSBB policies.
***
January 11, 2021
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Jakarta Applies More Stringent PSBB for Two Weeks
DKI Jakarta Extends the Transitional PSBB
The Governor of DKI Jakarta decided to again extend the transitional Large-Scale Social Restrictions Activities (Pembatasan Sosial Berskala Besar or “PSBB”) for 14 (fourteen) days, effective as of November 23, 2020 to December 6, 2020. This extension policy is based on the Governor of DKI Jakarta Decree No. 1100 of 2020 dated November 6, 2020 on the Entry Into Force of the Extension of the Large-Scale Social Restrictions Activities at Transition Period Towards A Healthy, Safe, and Productive Community.
During this transitional PSBB, the Governor of DKI Jakarta reminded Jakarta residents to always comply with the health protocols and report to the relevant agency if they found any violations to the health protocols. He also added that for the last 14 (fourteen) days, Jakarta recorded a substantial increase of the COVID-19 cases, from 8,026 cases on November 7 to 8,444 cases on November 21. Given so, the Governor of DKI Jakarta states that he may implement a stricter PSBB policy if the number of the COVID-19 cases continues to grow significantly.
Under the Governor of DKI Jakarta Regulation No. 79 of 2020 dated August 19, 2020 on the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Corona Virus Disease 2019 (COVID-19), as amended by the Governor of DKI Jakarta Regulation No. 101 of 2020 dated October 9, 2020 (collectively, “Regulation 79/2020”), any violations of the capacity limitation on workplaces, restaurants, and public transportation would be subject to administrative sanctions. The sanctions are as follows:
- One time violation may be subject to a fine of Rp50,000,000 (fifty million Rupiah);
- Two-time violation may be subject to a fine of Rp100,000,000 (one hundred million Rupiah); and
- Three-time violation may be subject to a fine of Ro150,000,000 (one hundred and fifty million Rupiah).
***
November 25, 2020
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DKI Jakarta Extends the Transitional PSBB
New Regulation on Entry Restrictions for Foreigners During ‘New Normal’
In consideration of the continuous Covid-19 outbreak but with the need to recover the national economy, the Minister of Law and Human Rights (the “Minister”) enacted the Minister Regulation No. 26 of 2020 dated October 1, 2020 on Visas and Stay Permits During New Habits Adaptation or as commonly referred to as the “New Normal” (“Regulation 26”). The government viewed that the previous foreigners entry restrictions were no longer relevant nor needed in order to conform with the New Normal conditions.
The restrictions thereof were previously set out under the Minister Regulation No. 11 of 2020 dated March 31, 2020 on Temporary Restriction for Foreigners in Entering the Territory of the Republic of Indonesia (“Regulation 11”). Regulation 26 revokes Regulation 11 effective as of October 1, 2020.
A summary of the salient provisions of Regulation 26 is set out below.
- Comparison of Foreign Entry Restrictions
We set out below the comparison of foreigner entry restrictions under Regulation 26 and Regulation 11.
| Regulation 11 | Regulation 26 |
| Only foreigners who meet the following specific criteria that are allowed to enter Indonesia:
· A holder of a Limited Stay Permit (Izin Tinggal Terbatas) and a Permanent Stay Permit (Izin Tinggal Tetap); · A holder of a Diplomatic Visa and an Official Visa; · A holder of Diplomatic Stay Permit (Izin Tinggal Diplomatik) and an Official Stay Permit (Izin Tinggal Dinas); · A humanitarian aid worker; · A flight, sea, or land transportation crew member; or · An employee in a national strategy project. |
Foreigners who meet the following criteria are allowed to enter Indonesia:
· Official Visa and/or Official Stay Permit holders; · Diplomatic Visa and/or Diplomatic Stay Permit holders; · Travel Visa holders (which includes humanitarian aid workers); · Limited Stay Visa and/or Limited Stay Permit holders; · Permanent Stay Permit holders; · Transportation crew members; · Asia-Pacific Economic Cooperation (APEC) Businessmen Travel Card holders; and · Border crossers. |
In addition the foregoing criteria, Regulation 26 stipulates that an eligible foreigner must enter through certain Immigration Examination Places. The Immigration Examination Places have been determined respectively in certain locations of (i) sea ports, (ii) airports, (iii) international borders posts, and (iv) traditional borders posts under the Minister Decree No. M.HH-01.GR.03.01 TAHUN 2020 dated October 15, 2020 on Certain Immigration Examination Place as the Entering Places During New Habits Adaptation. These entry places include: the Belawan Sea Port, the Soekarno-Hatta Airport, and the Aruk International Border Cross.
- Visa and Permit Applications Procedures
Please see below the application procedures in order to apply for Travel Visas and Limited Stay Visas:
- The application shall be submitted by a Guarantor (i.e., an Indonesian individual or company) of the relevant foreign applicant to Director General of Immigration.
- The application must be submitted along with the following requirements:
- a health certificate consisting of Covid-19 free statement in English, issued by an authorized institution;
- a statement letter in English indicating the willingness to be in a self-funded quarantine or health facility in case the PCR test conducted in Indonesia is positive;
- a statement letter indicating the willingness to be medically supervised during the quarantine; and
- evidence of health insurance or travel insurance possession which covers health payment and/or statement letter indicating the willingness to self-fund any treatment if contracted with Covid-19 while in Indonesia.
- The Guarantor of the relevant Travel Visa applicant must provide evidence of possession of US$10,000 (ten thousand US Dollars) in cash or an equal amount in other currency, issued by a financial institution or bank in Indonesia (excluding foreigners who work as a humanitarian aid and transportation crew member).
- Validity Extension Requirements for Existing Permits
We set out below brief explanation on the validity extension requirements for foreigners who have obtained certain permits:
- A Travel Stay Permit (which refers to (i) visas on arrival, (ii) one trip travel visas, (iii) multiple trips travel visas, and (iv) APEC Businessman Cards) holder who has been granted with an Emergency Stay Permit and who remains in Indonesia may submit an application to the Immigration Office for a validity extension period of maximum 30 (thirty) days. Alternatively, the application may be made for a conversion to Temporary Stay Permit.
- A Temporary Stay Permit or Permanent Stay Permit holder who has been granted with an Emergency Stay Permit and who remains in Indonesia may be granted with an extension based on the previous permits and for a Temporary Stay Permit it may be transferred to Permanent Stay Permit.
- Any Temporary Stay Permit, Permanent Stay Permit, or Re-Entry Permit from Expired Permanent Stay Permit which holder remains outside Indonesi, shall be deemed expired and the relevant foreigner must re-submit a visa application in order to enter Indonesia.
***
October 21, 2020
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New Regulation on Entry Restrictions for Foreigners During ‘New Normal’
DKI Jakarta Extends PSBB for Two Weeks
On September 11, 2020, the Governor of DKI Jakarta re-imposed the Large-Scale Social Restrictions Activities (Pembatasan Sosial Berskala Besar or “PSBB”) through the Governor Decree No. 959 of 2020 on the Entry into Force of Large-Scale Social Restrictions in the Management of the Corona Virus Disease (Covid-19) in the DKI Jakarta Province (the “Decree”), which initially is effective only until September 27, 2020. However, the Decree stipulates that the PSBB measure may be extended in the event that new cases of Covid-19 keep significantly increasing.
On September 24, 2020, the Governor of DKI Jakarta announced that the PSBB policy will be extended to avoid potential escalation in Covid-19 cases. Therefore, as governed under the Decree, the PSBB policy will continue from September 28, 2020 until October 11, 2020.
Similar to the initial PSBB, in implementing this PSBB extension, the DKI Jakarta Government refers to the Governor of DKI Jakarta Regulation No. 33 of 2020 dated April 9, 2020 regarding the Implementation of Large-Scale Social Restrictions in the Management of the Corona Virus Disease (Covid-19) in the DKI Jakarta Province as amended by the Governor of DKI Jakarta Regulation No. 88 of 2020 dated September 11, 2020 (collectively referred to as the “Regulation”).
In essence, the Regulation governs the following key provisions:
- Religious Activities at Places of Worship
For religious activities carried out at places of worship, the maximum attendance shall be 50% (fifty percent) of the full capacity.
- Workplaces
‘Non-essential’ workplaces must be limited to no more than 25% (twenty five percent) of the full capacity. If an employee gets infected with the Covid-19, all activities at the workplace must be discontinued for at least 3 x 24 hours.
- People Movement Using Public and/or Private Transportation
All mass public transportations are limited to the maximum capacity of 50% (fifty percent) of the full capacity.
In addition to the above, the Governor of DKI Jakarta issued Decree No. 979 of 2020 dated September 22, 2020 on Controlled Isolation Places owned by the DKI Jakarta Province as Management of the Corona Virus Disease (Covid-19) (“Decree 979/2020”). In Decree 979/2020, the Governor of DKI Jakarta declares i) the Jakarta Islamic Centre, ii) Graha Wisata Taman Mini Indonesia Indah, and iii) Graha Wisata Ragunan as controlled isolation places for those who contracted Covid-19 in DKI Jakarta.
Given that DKI Jakarta has new Covid-19 cases every day and even is predicted to reach 20,000 active cases in early November, there is a high possibility that the PSBB policy may be extended again. We will continue to monitor the development closely.
***
September 25, 2020
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DKI Jakarta Re-Imposes Stricted PSBB After Record Of COVID-19 Infections Rise In Cases; Health Protocols In Workplaces
Since June 2020, DKI Jakarta has implemented the transitional phases of the implementation of Large-Scale Social Restrictions Pembatasan Sosial Berskala Besar – THE “PSBB”) by easing the restrictions put in place under the PSBB and allowing certain activities to resume in order to maintain the productive socio-economic activities.
However, the Governor of DKI Jakarta decides to discontinue the transitional phases of the PSBB and re-impose the stricter PSBB. This decision is taken in order to reduce the spread of the Corona Virus Disease (Covid-19) as the infection cases in DKI Jakarta continue to surge. Under the Governor Decree No. 959 of 2020 dated September 11, 2020 on the Entry into Force of Large-Scale Social Restrictions in the Management of the Corona Virus Disease (Covid-19) in the DKI Jakarta Province, the stricter PSBB measures are effective as of September 14, 2020 until September 27, 2020 and may be further extended if necessary.
Unlike the transitional PSBB, the Governor of DKI Jakarta sets out the restrictions of the PSBB in DKI Jakarta the Governor Regulation No. 88 of 2020 regarding Amendments of Regulation No. 33 of 2020 on Implementation of Large-Scale Social Restrictions in the Management of the Corona Virus Disease (Covid-19) in the DKI Jakarta Province (the “Regulation”).
In addition, the implementation of the PSBB under the Regulation refers to Governor of DKI Jakarta Regulation No. 79 of 2020 dated August 19, 2020 on the Implementation of Discipline and law Enforcement of Health Protocols as Endeavor of Prevention and Control of Covid-19 (the “Protocols”).
We set out below the key provisions of the amendments on the implementation of the PSBB based on the Regulation.
- ‘Non-Essential’ Businesses to Limit Workplaces at 25% Capacity
All “non-essential” businesses are required to temporarily limit their activities at the workplaces. This limitation is conducted by implementing mechanism to work from home for the employees. If the work from home mechanism cannot be conducted, the businesses shall limit the number of people who are at workplaces at any time to be not more than 25% (twenty five percent) of the total number of the people at workplaces.
- ‘Essential’ Businesses May Operate with Certain Restrictions
The Regulation stipulates certain “essential” businesses which are exempted from the PSBB, as follows:
- foreign country representative offices and/or international organizations carrying out diplomatic functions;
- state/regional-owned enterprises participating in the handling of Covid-19 and/or fulfillment of basic needs;
- workplaces in the following sectors:
- health;
- food/beverage;
- energy;
- communication and information technology;
- finance;
- logistics;
- hospitality/hotel activities;
- construction;
- strategic industries;
- basic services, public utilities and industries which are deemed certain vital national objects; and/or
- daily needs.
- local and international non-governmental organizations that engage in the disaster reliefs and/or social sectors.
The exempted businesses above are still subject to the Protocols (which are briefly discussed below).
- Health Protocols at Workplaces for ‘Non-Essential’ Businesses
In general, the ‘non-essential’ businesses shall implement the following measures in conducting the activities at workplaces:
- To establish the mechanism to work from home to all employees;
- To maintain that the service provided and/or business activities are still ongoing on limited basis;
- To maintain the productivity of the employees;
- To carry out the prevention measures of Covid-19 transmission in the workplaces, such as ensuring the workplaces areas are clean, conducting periodic cleaning, using cleansers and disinfectants, and closing access for any unauthorized person;
- To suspend the activities at the workplaces for at least 3x24 hours if there is any employee who is infected by the Covid-19;
- To maintain the safety at or around the workplace; and
- To provide assistance for any employee who is infected by Covid-19 as per the applicable regulations.
- Health Protocols at Workplaces for ‘Essential’ and ‘Non-Essential’ Businesses
Both ‘essential’ and ‘non-essential’ businesses shall comply with the Protocols, including the following:
- To establish an internal Covid-19 task force at workplaces which consists of the management, HRD department, Occupational Health and Safety (OHS) department, and health officers by issuing a decision of such establishment by the businesses;
- To monitor and update the development of information of Covid-19 in the workplaces and report in writing to the Government of DKI Jakarta through the established Covid-19 task force (as referred in point 1 above);
- To limit the number of people who are at workplaces at any time to be not more than 50% (fifty percent) of the total number of the people at workplaces (except for the ‘non-essential’ businesses, the limit is 25% capacity);
- To require employees to wear masks;
- To ensure the entire working area is clean and hygiene by conducting perioding cleaning using cleaner and disinfectant;
- To perform a body temperature check before entering the workplaces;
- To provide hand sanitizer;
- To provide facilities for hand washing with running water and soap;
- To not terminate the employment of an employee who undergoes self-isolation/self-quarantine due to Covid-19;
- To ensure that employees who come for work are not infected by the Covid-19;
- To ensure the physical distancing with a minimum distance of 1 (one) meter between persons in every work activity;
- To avoid work activities which may cause a crowd;
- To proactively conduct employees’ health monitoring;
- To implement the Covid-19 prevention protocols;
- To impose a sanction on employees who do not implement Covid-19 prevention protocols;
- To publish the Covid-19 prevention protocols.
Our previous workplaces guidance set out in our Newsflash (please check: https://aksetlaw.com/news-event/covid19/workplaces-guidance/) remain effective unless changed in the above.
***
September 14, 2020
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DKI Jakarta PSBB Transition Period Extended; Workplaces Guidance
On July 2, 2020, with the issuance of Governor of DKI Jakarta Decree No. 647 of 2020 on Extension of Enforcement, Phase, and Implementation of Large-Scale Social Restrictions Activities at Transition Period Towards Healthy, Safe, and Productive Community (the “Decree”) the Governor of DKI Jakarta officially extended the implementation of its transitional phase of the Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar – “PSBB”) for 14 (fourteen) days effective as of July 3 until July 16.
The transitional phase which was initially introduced by the Governor of DKI Jakarta last month was intended to ease the implementation of the PSBB, in order to maintain the productive socio-economic activities (such period, the “Transition Period”).
Under the Decree, the implementation of the Transition Period shall refer to Governor of DKI Jakarta Regulation No. 51 of 2020 dated June 4, 2020 on the Implementation of Large-Scale Social Restrictions during Transition Period Towards Healthy, Safe, and Productive Community (the “Regulation”).
In principle, during the Transition Period the implementation of the PSBB in DKI Jakarta will be relaxed to a certain extent, including reopening of the workplaces of various businesses sectors.
- Workplaces Guidance
Pursuant to the Decree and the Regulation, the Transition Period is an attempt to slowly lift the restriction under the implementation of the PSBB until a ‘new normal’ is reached.
The guidance for workplaces is also set out the Head Manpower Office of DKI Jakarta Decree No. 1363 of 2020 as lastly amended by Decree No. 1477 of 2020 on the Protocols for the Prevention and Mitigation of Covid-19 in Office Workplaces during the Transition Period Towards Healthy, Safe, and Productive Community (the “Protocols”).
We set out below the summary of the guidance under the Regulation and the Protocols that clearly sets out the obligation for workplaces or businesses:
- Implement Clean and Healthy Behavior (Perilaku Hidup Bersih dan Sehat);
This is a set of behaviors that are practiced on the basis of awareness to prevent self-exposure and the environment from the Covid-19 outbreak. Based on the Regulation, the Clean and Healthy Behavior comprises the following behaviors:
-
- limit the activities outside house only for activities that are important and urgent;
- maintain personal health condition and do not conduct activities outside house when feeling unwell;
- limit the activities outside house for those who have a high risk when exposed to Covid-19;
- perform physical distancing within a range of at least 1 meter;
- limit yourself not to be in a crowd;
- avoid sharing personal tools/objects;
- wash hands with clean water and soap before and/or the activities;
- perform regular exercise; and
- consume healthy and nutritiously balanced foods.
- Implement the following measures in conducting the activities at workplaces:
- establish an internal Covid-19 task force at workplaces which consists of the management, HRD department, Occupational Health and Safety (OHS) department, and health officers;
- limit the number of people who are at workplaces at any time to be not more than 50% (fifty percent) of the total number of the people at workplaces;
- conduct the arrangement of working days, working hours, working shifts and working system to adapt the conditions of the Covid-19 outbreak taking into account the health protocols (with the minimum of 3 (three)-hour spacing between one work shift to another);
- conduct the arrangement for the use of employees’ facilities at workplaces to prevent a crowd (religious facilities, canteens, rest areas, sport facilities, entertainment facilities, etc.);
- require employees and guests/visitors to, at all times, wear masks and other personal protective equipment as needed while at workplaces;
- ensure that all parts of workplaces areas are clean and hygienic by conducting periodic cleaning using cleansers and disinfectants, particularly, door handles and stairs, elevator buttons, shared office equipment, other public facilities and areas;
- implement the body temperature examination before a person enters workplaces;
- provide sanitary hygiene tools such as hand sanitizers in each entrance area and around workplaces;
- provide hand washing facilities with running water and soap;
- an employer is prohibited from terminating the employment of an employee who is in the self-quarantine period for health reason and the employer shall continue to provide the rights of such employee;
- ensure that when employees are at workplaces they are not infected by the Covid-19 by conducting a Covid-19 Risk-Self Assessment on the employees 1 (one) day before they work at workplaces as well as require guests/visitors to fill in certain Self-Assessment Forms;
- maintain a physical distancing in all working activities, arrange a distance between employees of not less than 1 (one) meter in all working activities;
- maximize the use of technology to minimize any direct contact between employees;
- reduce the use of meeting rooms by maximizing virtual meetings, despite being in the vicinity;
- health officers/OHS Department officers/HRD officers shall proactively conduct supervision on an employee’s health;
- avoid jointly using personal tools such as personal praying effects, cutlery, etc.;
- encourage every employee to use private vehicles in commuting, preferably bicycles or on foot;
- provide supporting facilities for employees who cycle to workplaces (parking space, shower facilities, etc.);
- clean office operational vehicles and equipping them with personal protective equipment and sanitary hygiene tools as needed;
- carry out prevention measure of transmission such as installing glass screens or dividers for employees who serve guests/customers, etc.;
- provide a separate area/room for the observation of employees, guests/visitors who are found to have symptoms during screening;
- an employer shall provide a work order, an ID card, and an office uniform to employees who are assigned to work;
- employers shall pay attention to the latest information, as well as any guidance or instructions of the relevant Central and Regional-Level Governments, and also inform all employees through the most effective facilities, infrastructure, and media;
- employers shall also provide guidance for workers who do not implement the protocol for the prevention and mitigation of Covid-19; and
- create and announce an integrity pact (pakta integritas) and Covid-19 prevention protocols and put it in the place that are easily accessible.
- Reporting Obligation
Under the Protocols, an employer is required to report the implementation of the above guidance during the Transition Period through . The reporting obligation is in the form of a list of questionnaires on the implementation of the guidance by the employer. Through the link above, the employer shall also be required to upload the integrity pact which was already signed. The employer may also see the integrity pact template through such link.
- Sanctions
Under the Regulation, any violation of the implementation of the Transition Period on the workplace guidance above may be subject to a written warning or a monetary fine in the amount of up to Rp25,000,000 (twenty million Rupiah).
***
July 8, 2020
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Are INGOs’ Operations Exempted From PSBB?
- On Large-Scale Restriction Measures
Due to the current outbreak of the novel corona virus disease (“Covid-19”), the Government of Indonesia recently implemented the Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar or “PSBB”) with the issuance of the Minister of Health (the “MOH”) Regulation No. 9 of 2020 dated April 3, 2020 on Guidelines for Large-Scale Social Restrictions for the Acceleration of the Management of the Covid-19 (“Regulation 9/2020”).
Law No. 6 of 2018 dated August 8, 2018 on Health Quarantine (“Law 6/2018”) defines the PSBB as the restriction of certain activities of the residents in an area suspected to be infected by a disease (in our case, the Covid-19) and/or an area that is contaminated to a certain degree, in order to prevent the possibility of the spreading of the disease or the contamination (in this case, the Covid-19).
Following Regulation 9/2020 and MOH Decree No. HK.01.07/MENKES/239/2020, the Regional Government of DKI Jakarta Province implements the PSBB measures within the territory of DKI Jakarta based on the Governor Regulation No. 33 of 2020 dated April 9, 2020 on the Implementation of Large-Scale Social Restrictions for the Management of the Covid-19 in the DKI Jakarta Province (“Regulation 33/2020”). Under the DKI Jakarta Governor Decree No. 380 of 2020 dated April 9, 2020 on the Enforcement of the Implementation Large-Scale Social Restrictions for the Management of the Covid-19 in the DKI Jakarta Province (“Decree 380”), the PSBB is effective as of April 10, 2020 until April 23, 2020. The PSBB may be extended by the DKI Jakarta Governor for 14 (fourteen) days. Under the DKI Jakarta Governor Decree No. 412 of 2020 dated April 22, 2020, the PSBB in Jakarta is now extended until May 7, 2020 and shall be extended until May 21, 2020 in the event that there are still new cases of Covid-19.
The implementation of the PSBB includes: (i) schools and workplaces closure; (ii) restrictions of religious activities; (iii) restrictions of activities at public places or facilities; (iv) restrictions of activities in social and culture; (v) restrictions of modes of transportation; and (vi) restrictions of other activities specifically related to defense and security. Accordingly for the DKI Jakarta Province, under Regulation 33/2020, all “non-essential” businesses are required to temporarily suspend their activities at the workplaces. Regulation 33/2020 further elaborates that during the workplace closure, an employer shall replace the working process from workplace or offices to working from home.
There are certain categories that constitute “essential” businesses which are exempted from the workplace closure under Regulation 33/2020. One of the businesses which is exempted from the workplace closure is local and international social organizations (organisasi kemasyarakatan) that engage in the disaster and/or social sectors. In other words, local and international social organizations that engage in the disaster and/or social sectors whose offices are located within the DKI Jakarta Province may continue their operations, subject to certain protocols elaborated below.
- Workplace Closure Exemption for International Non-Governmental Organizations
Please note that Regulation 33/2020 does not define or determine the scope of (i) local and international social organizations, and (ii) the disaster and/or social sectors.
Social organizations (organisasi kemasyarakatan) are defined in Law No. 17 of 2013 dated July 22, 2013 on Social Organizations as lastly amended by Government Regulation In Lieu of Law No. 2 of 2017 dated July 10, 2017 on Amendment of Law No. 17 of 2013 on Social Organizations (“Law 17/2013”) as organizations which are established and formed voluntarily by the society based on common aspiration, wills, needs, interests, activities, and objectives to participate in the development to achieve the objective of Republic of Indonesia based on Pancasila. Law 17/2013 specifies that social organizations shall be voluntary, social, independent, non-profit, and democratic in nature.
With regard to foreign social organizations, Government Regulation No. 59 of 2016 dated December 6, 2016 on Social Organizations Established by Foreign Nationals (“GR 59/2016”) clarifies that foreign social organizations shall consist of:
- A foreign foundation, or a similar form, headquartered in a country that has diplomatic relations with Indonesia. The foreign foundation may be (a) an International NGO to implement its activities with its own funding, or (b) an implementing agency to implement a certain program on behalf of a foreign donor or any development agency; and
- A foundation (yayasan) (i.e., the Foreign Foundation) established under Indonesian laws by any foreign party (an individual or an entity) with or without any Indonesian party (an individual or an entity).
Foreign social organizations noted above are required to obtain principal permits issued by the Ministry of Foreign Affairs and the operational permits. Based on the above, it appears that international social organizations referred to in Regulation 33/2020 are foreign social organizations under GR 59/2016.
Let us now discuss the definition of disaster and social sectors. Pursuant to Article 1 point 1 of Law No. 24 of 2007 dated April 26, 2007 on Management of Disasters, a disaster is defined as an event or a series of events that is threatening and disturbing the community life and livelihood, caused by natural and/or non-natural as well as human factor which results in human fatalities, environmental damage, loss of material possession, and psychological impact. On the other hand, we note that there is no specific definition on the word of “social” under the laws. In this regard, we refer to the definition of “social” provided by the official dictionary of the Ministry of Education and Culture which defines social as something related to the society. In practice, we understand that social sector involves any activities for the interest of human. Therefore, such definition may be interpreted in a broad manner.
- Further Provisions on Exemption of Workplace Closure
Based on the above, foreign social organizations in DKI Jakarta Province may open their offices in Jakarta as they are eligible for the exemption of workplace closure under Regulation 33/2020. In continuing the operation of their offices, INGOs that are exempted from the workplace closure are subject to certain health protocols set out in Regulation 33/2020.
Further to the above, the Department of Manpower, Transmigration, and Energy (Dinas Tenaga Kerja, Transmigrasi, dan Energi or “Disnakertrans”) of DKI Jakarta Province recently issued Decree No. 837 of 2020 dated April 17, 2020 on Technical Guidelines for Implementation of Large-Scale Restriction (PSBB) on Working Activity in Workplace (“Decree 837/2020”). In general, Decree 837/2020 provides the measures regarding technical implementation of the PSBB on working activity and the reporting requirement for offices/workplaces that are exempted from the workplace closure.
Any violation of the above may subject the INGOs to sanctions under prevailing laws and regulations. Decree 837/2020 is effective for the period of implementation of the PSBB is effective in the DKI Jakarta Province.
April 27, 2020
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KPPU: Law Enforcement Through Electronic Means
On April 6, 2020, the Indonesia Business Competition Supervisory Commission (Komisi Pengawasan Persaingan Usaha or “KPPU”) issued the (i) KPPU Regulation No. 1 of 2020 dated April 6, 2020 on Case Handling Electronically (“KPPU Reg. 1/2020”); and (ii) KPPU Decree No. 12/KPPU/Kep.1/IV/2020 dated April 6, 2020 on Case Handling in the event of an Emergency Disaster due to the COVID-19 Outbreak in Indonesia (“KPPU Decree 12/2020”). These two policies are issued by KPPU in relation to the Large-scale Social Restrictions (Pembatasan Sosial Berskala Besar or “PSBB Policy”) ordered by the Indonesian Government due to the COVID-19 outbreak in Indonesia.
These two policies aim to address concern over limitations for KPPU in conducting supervision and law enforcement duties due to the issuance of the PSBB Policy. Pursuant to KPPU Reg. 1/2020 and KPPU Decree 12/2020, KPPU has the ability to implement supervision and law enforcement through Electronic Media. KPPU Reg. 1/2020 defines Electronic Media as all electronic interaction facilities used by KPPU, not limited to the visual teleconference and electronic mail (e-mail).
We also note that while KPPU Reg. 1/2020 is indeed issued during the COVID-19 outbreak in Indonesia, this regulation enables KPPU to further conduct its law enforcement effort through electronic means outside the context of this pandemic, which allows more efficiency in the competition law sector.
Important issue contained in KPPU Decree 12/2020 is as follows:
- Recommencement of Law Enforcement Activities by KPPU while Prioritizing the Use of Electronic Media
The KPPU Decree 12/2020 revokes two previous decrees: KPPU Decree 10/2020 and KPPU Decree 11/2020, which were issued to suspend the law enforcement activities by KPPU from March 17 to April 6, 2020. The revocation of these two Decrees recommences all previously suspended law proceeding at KPPU upon the issuance of KPPU Decree 12/2020 on April 6, 2020.
In conjunction with the recommencement of law enforcement activities, KPPU Decree 12/2020 further mandates for law enforcement activities to prioritize the use of electronic media. While the use of electronic means is in line with the PSBB Policy for physical distancing, because the mandate under this KPPU Decree 12/2020 is only to prioritize but not migrate all law enforcement activities to electronic media, KPPU may still be able to conduct face-to-face legal proceedings.
Meanwhile, key policies contained in KPPU Reg. 1/2020 are as follows:
- Notification Assessment and Partnership Supervision
Through KPPU Reg. 1/2020, all written notification to be submitted to KPPU may be conducted by way of Electronic Media. These notifications consist of written consultation notification, assessment, KPPU opinion, notice stipulation, as well as partnership supervision. All rules concerning these written notifications will still refer to the KPPU regulations on assessment for post-acquisition/merger notification obligation as well as regulations on partnership supervision currently in force.
- Implementation of Legal Proceedings for Anti-Trust Matters through Electronic Media
KPPU Reg. 1/2020 further provides mechanisms to conduct legal proceedings for examination of late submission for mergers and acquisition notification requirement, examination of alleged violation of partnership agreements, and other anti-trust cases through Electronic Media. In conducting these legal proceedings, KPPU introduces Electronic Domicile, where KPPU regards an e-mail address as official domicile for parties involved in legal proceedings with KPPU. This determination of Electronic Domicile allows KPPU to send hearing summons and conduct other hearing correspondences to and using this Electronic Domicile. Further, hearings will be conducted through the Electronic Media.
Although KPPU Reg. 1/2020 does not specify the Electronic Domicile of KPPU in conducting examination of late submission for M&A notification requirement, examination for alleged violation of partnership agreement, as well as other anti-trust cases, KPPU website does provide guidance that submission of report for alleged violations to be submitted through ‘pengaduan@kppu.go.id’, while clarification and consultation to be submitted through ‘infokom@kppu.go.id’.
KPPU Reg. 1/2020 also provides that the panel of judges in a legal proceeding may render its decision through Electronic Media, and that any decision rendered using this method is legally deemed to have been read in a public hearing that is attended by the parties. After announcement of KPPU decision for a particular proceeding, KPPU may publish the copy of its decision and conduct enforcement of such decision through Electronic Media as well.
- Issues
The KPPU Reg. 1/2020 is a highly appreciated initiative from KPPU to allow a more efficient conduct of its authorities and the process of its law enforcement activities especially during this pandemic situation. However, as in many other new systems being developed, there will be questions from both practical and theoretical aspects in performing legal proceedings through electronic means. One of them, for example, is the procedure for cross-examinations during the proceedings. For this reason, it will be crucial for KPPU at this stage to provide further guidance on the procedures as well as good communication to ease the legal enforcement process using the Electronic Media, so that the intention of the KPPU Reg. 1/2020 can be well delivered.
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April 15, 2020
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DKI Jakarta Implements PSBB Measures to Minimize Further Spread of COVID-19 Outbreak
On April 9, 2020, the Governor of DKI Jakarta issued Regulation No. 33 of 2020 (the “Regulation”) and Decree No. 380 of 2020 (the “Decree”), both regarding the Implementation of Large-Scale Social Restrictions in Handling Coronavirus Disease (Covid-19) in DKI Jakarta.
The Regulation and the Decree are the follow-up to the approval issued by the Minister of Health who approves the implementation of the Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar – “PSBB”) in DKI Jakarta in order to minimize further the spread of the Covid-19 outbreak.
Based on the Decree, the PSBB measures are effective as of April 10, 2020 until April 23, 2020 and may be further extended if necessary.
We set out below the key provisions of the PSBB based on the Regulation.
- General Restrictions
During the implementation of the PSBB, everyone must implement a Clean and Healthy Behavior (Perilaku Hidup Bersih dan Sehat) and use a mask outside his or her house. In addition, the Regulation limits outdoor activities during the PSBB as follows:
- schools and/or educational institutions activities will be temporary suspended and replaced by learning activities through long distance learning methods;
- workplaces closure which means that activities at workplaces are temporarily suspended, and employers must implement the work-from-home system;
- religious activities in houses of worship are temporarily suspended;
- public places or facilities shall temporarily be closed;
- social and cultural activities that draw crowds are temporarily suspended; and
- use of modes of transportation of people and goods will be limited.
- Workplaces Closure
As part of the implementation of the PSBB, all “non-essential” businesses are required to temporarily suspend their activities at the workplaces. The Regulation stipulates certain categories that constitute “essential” businesses which are exempted from the workplaces closure, as follows:
- all offices/government institutions, either central or regional;
- foreign country representative offices and/or international organizations carrying out diplomatic functions;
- state/regional-owned enterprises participating in the handling of Covid-19 and/or fulfillment of basic needs;
- workplaces in the following sectors:
- health;
- food/beverage;
- energy;
- communication and information technology;
- finance;
- logistics;
- hospitality/hotel activities;
- construction;
- strategic industries;
- basic services, public utilities and industries which are deemed certain vital national objects; and/or
- daily needs.
- local and international non-governmental organizations engaging in the disaster and/or social sectors.
However, the businesses that are exempted above shall comply with the obligation to conduct the health protocols set out in the Regulation.
- Limitation on the use of Modes of Transportation
During the implementation of the PSBB, all movement of people and/or goods are limited to the fulfillment of basic needs and activities that are permitted during the implementation of the PSBB. For ease of reference, below is the relevant limitations:
- Criminal Sanctions
Under Law No. 6 of 2018 dated August 8, 2018 on Health Quarantines, any violation of the PSBB which causes a public health emergency may be subject to an imprisonment of up to 1 (one) year and/or a monetary fine of up to Rp100,000,000 (one hundred million Rupiah).
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April 13, 2020
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