Government Further Extends Micro PPKM

On May 31, 2021, the Governor of DKI Jakarta issued Decree No. 671 (“Decree 671/2021”) on the Extension of the Entry into force of Micro-Scale Public Activity Restriction (Pemberlakuan Pembatasan Kegiatan Masyarakat Berbasis Mikro or the “Micro PPKM”). Decree 671/2021 marks the 9th stage of Micro PPKM, which was first enacted on February 9, 2021 and was lastly extended under Governor of DKI Jakarta Decree No. 615 of 2021 dated May 17, 2021 on the Extension of the Entry into Force of Micro PPKM (“Decree 615/2021”).

While there is virtually no change in terms of the provisions between Decree 671/2021 and Decree 615/2021, the government intends to upgrade testing, tracing and treatment processes in order to curb the pandemic.

Due to the Micro PPKM, certain tourism, recreational, and social activities in Jakarta are also limited. Based on the most recently available Decision of the Head of Tourism and Creative Economy Office of DKI Jakarta No. 343 of 2021 dated April 21, 2021 on the Extension of Micro PPKM in the Tourism Industry (“Decision No. 343”), several activities and places have certain maximum capacity, as follows:

Maximum Capacity Activity/Places
25% (Authorized) Wedding Reception in Hotels/Function Buildings, (Authorized) Bowling/Billiard/Surfing Places, (Authorized) Waterparks, (Authorized) Children’s Game Arena
50% Salons/Barbershops, Golf/Driving Ranges, (Authorized) Meetings/Seminars/Workshops in Hotels/Function Buildings, Recreational Parks/Tourism Areas, Museums and Galleries, Water Tourism (water sports and recreation in lakes, seas, or beaches), Gyms/Fitness Centers, Cinemas, Pools
Others (Max. 30 attendees) (Authorized) Marriage Ceremonies or Other Meetings

While the abovementioned details are applicable only in Jakarta, the Micro PPKM itself is enacted countrywide. The previous Micro PPKM order under the Minister of Home Affairs (the “Minister”) Instruction No. 11 of 2021 dated May 17, 2021, was directed to 30 provinces. Now, the Minister, under his Instruction No. 12 of 2021 dated May 31, 2021 on the Extension of the Entry into Force of the Micro PPKM and the Establishment of Posts for Covid-19 Management in Villages and Urban Villages to Manage the Spread of Covid-19, has extended this coverage to encompass the entire country (i.e., 34 provinces).

***

 

June 8, 2021

Please contact Johanes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Caleb K. N. Sitorus (csitorus@aksetlaw.com) for further information.

 

Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

 


Government Bans Home-Town Bound Trips for Eid al-Fitr 2021

On April 7, 2021, the Indonesian Covid-19 Task Force issued Circular Letter No. 13 of 2021 on the Restrictions of Home-town Bound Traveling for Eid al-Fitr 1442 Hijri and Efforts to Control the Spread of Covid-19 During the Holy Month of Ramadhan 1442 Hijri (the “Circular Letter”). The Circular Letter is issued in relation to the Government’s effort to limit and discontinue the spread of Covid-19 that will potentially increase due to trips of the public for religious, family-related, or tourism activities during the Holy Month of Ramadhan, especially homeward bound traveling (locally known as “mudik”).

The Circular Letter will be effective from May 6, 2021 until May 17, 2021 (both dates inclusive, the “Restricted Period”) and will be adjusted with the needs and/or recent developments.

We set out below the key points under the Circular Letter that the public will be subject to.

  • Protocols for Restrictions of Mudik and Prevention of Covid-19 Spread

During the Restricted Period, mudik, including all forms of travels in and out of their respective regions (“perjalanan orang”), is temporarily restricted for public using all cross-town/district/province/country modes of transportation (land, train, sea, and air) as an effort to limit human mobilities during the Holy Month of Ramadhan and Eid al-Fitr.

Perjalanan orang is allowed for logistic distribution services and traveling, in forced circumstances, for non-mudik purposes, which are: business trips, visiting an unwell family member, attending a family member’s funeral, a pregnant woman accompanied by 1 family member, and childbirth-related matters accompanied by maximum 2 people. In such conditions, travelers must attain a print-out of a written travel permit or entry and exit permit (Surat Izin Keluar Masuk, an “SIKM”), with the following requirements:

  • For employees of government institutions/state apparatus (ASN), employees of state-owned or regional-owned enterprises (BUMN or BUMD), Militaries, and Police members, they must attach a print-out of a written travel permit signed or e-signed by officials equivalent as Echelon II and the traveler’s identity;
  • For employees of private-sector companies, they must attach a print-out of a written travel permit signed or e-signed by the leaders of the company and the traveler’s identity;
  • For informal sector workers, they must attach a print-out of a written travel permit signed or e-signed by Head of the Village (Kepala Desa) or Lurah and the traveler’s identity;
  • For non-working individuals, they must attach a print-out of a written travel permit signed or e-signed by Head of the Village (Kepala Desa) or Lurah and the traveler’s identity;

Such a written travel permit or an SIKM only applies individually, valid for one round trip, and is mandatory for travelers who are 17 years of age or older.

In addition, all travelers are subject to the protocols for domestic travelers based on the Indonesian Covid-19 Task Force Circular Letter No. 12 of 2021 on Provisions for Domestic Travelers during the Covid-19 Pandemic, as explained in our previous newsflash: Updated Protocols and Guidance for Domestic Travelers - AKSET Law, in which document screenings for negative Covid-19 test results will be carried out in rest areas, borders of major cities, checkpoints, and agglomeration area sealing points, by the members of military/police and regional government.

Indonesian citizens who are currently abroad and wish to return to Indonesia or repatriate are encouraged to postpone their return until after the Restricted Period.

  • Sanctions

Forgery of negative Covid-19 test results using RT-PCR/antigen rapid test/GeNose C19 or written travel permits/SIKMs for non-mudik purposes will be subject to sanctions in accordance with the applicable laws.

In addition, violations of the Circular Letter will be subject to fines, social sanctions, confinement and/or other criminal sanctions in accordance with the applicable laws.

 

***

 

April 12, 2021

Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Satria Kasmaliputra (mkasmaliputra@aksetlaw.com) for further information.

 

Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

 


New Immigration Policies During New Normal Adaptation Period

On March 26, 2021, the Director General of Immigration (the “DGIM”) issued Circular Letter No. IMI-0661.GR.01.01 regarding Visa and Stay Permit Provisions During the New Normal Adaptation Period (“CL 0661”). CL 0661 replaces and revokes the DGIM Circular Letter No. IMI-1555.GR.01.01 dated October 15, 2020 regarding Visa and Stay Permit Provisions During the New Normal Adaptation Period (“CL 1555”) and the DGIM Circular Letter No. IMI-GR/01.01-0331 dated February 11, 2021 on the Reinforcement of CL 1555. CL 0661 enters into force as of March 26, 2021.

CL 06661is issued as a guideline to optimize the function of the immigration office in carrying out the visa and stay permit services during this “new normal” period. The key provisions of the circular are as follows.

  • Visa Application Provisions
    • No Requirement to Submit Health Certificates

While the entry restrictions as established in Minister of Law and Human Rights Regulation No. 26 dated October 1, 2020 Regarding Visas and Stay Permits During the New Normal (the “MOLHR Regulation”) are still in place (i.e., temporary suspension of the issuance of visa-free entries and visas on arrival), foreigners that wish to enter Indonesia may apply for a Visitor Visa or a Limited Stay Visa. Such visa applications were already accommodated in CL 1555.  However, previously it was required for the applicants to submit health certificates that stated they had tested negative for COVID-19. This requirement no longer applies under CL 0661. However, please note that eVisa ending with “DN” cannot be used for travel into Indonesia.

    • Single-Entry Visitor Visa for Humanitarian Reasons

For foreigners that intend to visit/accompany their family members who are sick in Indonesia, or for other medical purposes, a Single-Entry Visitor Visa may be issued, provided they fulfill the application requirements stipulated in the MOLHR Regulation ( declaration of willingness to enter into quarantine at own expenses at government-appointed facilities if visitors show COVID-19 symptoms/are declared positive upon entry in Indonesia; declaration of willingness to be under supervision while under quarantine;  proof of health/travel insurance that covers medical expenses or declaration of willingness to pay for COVID-19 treatment at own expense).

    • Waiver of Requirement to Provide Proof of Accounts Having At Least US$10,000

The MOLHR Regulation also requires applicants of a Single-Entry Visitor Visa to show proof that they have at least US$10,000 to sustain the cost of living while in Indonesia. Under CL 0661, this requirement is waived for applicants who are aid workers, medical and food aid, transportation crew and visitors who apply for humanitarian reasons.

  • Stay Permit Provisions
    • Extension/Renewal of Various Stay Permits for Foreigners

Foreigners within Indonesia who hold a Visiting Stay Permit granted through their Visas on Arrival, Single-Entry Visitor Visas, Multiple-Entry Visitor Visas, or APEC Business Travel Cards may request an extension for their Stay Permit through the immigration office. For foreigners holding Visiting Stay Permits, Limited Stay Permits, or Fixed Stay Permits that cannot be extended, they may request a new Stay Permit after obtaining a Visa Approval. If foreigners holding a Limited Stay Permit or a Fixed Stay Permit wish to apply for a visa, they must first return immigration documents to the immigration office.

  • Stay Permit Application

To apply for a new Stay Permit, applicants must first apply for a Visa before their current Stay Permit ends. Applicants who overstayed their permits by less than 60 days, may still apply for a visa, provided that they settle their fines first. However, if the applicant’s overstay exceeds 60 days, if an applicant is deported or has his/her stay permit extension application denied, he/she must leave Indonesia immediately.

The issuance of this Circular Letter is expected to provide ease and clarity of immigration services during this new normal period. We expect that these travel policies will be further relaxed in the future as the COVID-19 situation improves.

***

 

April 5, 2021

Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Caleb Sitorus (csitorus@aksetlaw.com) for further information.

 

Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

 


Updated Protocols and Guidance for Domestic Travelers

On March 26, 2021, the Indonesian Covid-19 Task Force issued the Circular Letter No. 12 of 2021 on Provisions for Domestic Travels during the Covid-19 Pandemic (the “Circular Letter”). The Circular Letter is issued in relation with the Government’s intention to limit and discontinue the spread of Covid-19 that continues to potentially increase due to human mobilities and travels. In addition, the Government intends to expand the use of the locally produced, breath-based, Covid-19 early detection tool, namely the “GeNose C19,” as an alternative health screening tool across all modes of transportations for domestic travelers.

The Circular Letter will be effective from April 1, 2021 until a later specified time in accordance with the needs and/or recent developments.

We set out below the key points under the Circular Letter that domestic travelers will be subject to and need to take into account.

  • Health Protocols for Domestic Travelers

All travelers are required to implement the health and safety protocols, i.e., wearing masks, keeping distance from each other (physical distancing), and washing hands frequently with soap or hand sanitizers. The Circular Letter also specifies that the masks shall be three-layered cloth masks or medical masks. Travelers shall wear the masks correctly, by covering the nose and mouth.

Talking or engaging in phone conversation is not allowed during the travels in all means of public transportation. Eating or drinking during a flight that lasts less than 2 (two) hours is not allowed either, except for individuals who need to consume medications for treatments that otherwise could endanger the safety and health of such individuals.

  • Covid-19 Testing Before Domestic Travels

In general, domestic travelers shall have a negative Covid-19 test result prior to traveling. The provisions are as follows:

  1. If traveling by air transportation, sea transportation, or intercity train, travelers shall:
    • Show the negative Covid-19 test result using an RT-PCR test and the sample is taken not later than 3x24 hours before departure; or
    • Show the negative Covid-19 test result using an antigen rapid test and the sample is taken not later than 2x24 hours before departure; or
    • Show the negative Covid-19 test result using the GeNose C19 at the airport, seaport, or train station before departure; and
    • Travelers by air transportation and sea transportation shall also fill in the Indonesian electronic Health Alert Card (the “e-HAC Indonesia”).
  2. If traveling by public land transportation, travelers shall be subject to random testing using rapid test antigen or the GeNose C19, if deemed necessary by the Regional Covid-19 Task Force.
  3. If traveling by private land transportation, travelers are encouraged to take Covid-19 test using an RT-PCR or rapid test antigen and the sample is taken not later than 3x24 hours before departure, or using the GeNose C-19 at the rest area. Travelers will be subject to random testing, if deemed necessary by the Regional Covid-19 Task Force.

Travelers for routine travels within the Java Island using sea transportation with the purpose to  serve the cruise of a limited location between islands, or between domestic ports within one area, or by land transportation, both private and public, within one area are not obliged to show a negative Covid-19 test result using the RT-PCR, antigen rapid test, or GeNose C-19, but will be subject to random testing, if deemed necessary by the Regional Covid-19 Task Force.

Specifically for domestic travel to Bali using all modes of transportation, whether private and public, travelers shall:

  1. show the negative Covid-19 test result using the RT-PCR and the sample is taken not later than 2x24 hours before the departure; or
  2. show the negative Covid-19 test result using the antigen rapid test and the sample is taken no later than 2x24 hours before the departure; or
  3. show the negative Covid-19 test result using the GeNose C-19 at the airport, seaport, or terminal; and
  4. complete the e-HAC Indonesia.

***

 

March 31, 2021

Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Satria Kasmaliputra (mkasmaliputra@aksetlaw.com) for further information.

 

Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

 


Micro PPKM is Extended for Two Weeks

Following the issuance of the Governor of DKI Jakarta Decree No. 107 of 2021 dated February 8, 2021 (“Decree 107/2021”) on the Entry into Force of Micro-Scale Public Activities (Pemberlakuan Pembatasan Kegiatan Masyarakat Berbasis Mikro or the Micro PPKM”), the Governor of DKI Jakarta issued Decree No. 213 of 2021 dated March 8, 2021 (“Decree 213/2021”) on the Extension of the Entry into Force of Micro-Scale Public Activities.

Decree 213/2021 provides that the Micro PPKM is extended for two weeks, effective from March 9, 2021 until March 22, 2021.

Decree 213/2021 contains similar provisions to Decree 107/2021, with the only notable change being that the activities in public areas and other places may operate at 50% (fifty percent) of the full capacity. However, activities in these places that may attract masses will be stopped.

While the foregoing decree is only applicable in Jakarta, other regions will also apply similar Micro PPKM policies. On March 4, 2021, the Minister of Home Affairs issued his Instruction No. 5 of 2021 on the Extension of the Entry into Force of the Micro PPKM and the Establishment of Posts for Covid-19 Management in Villages and Urban Villages to Manage the Spread of Covid-19 (the “Instruction”). The Instruction orders Governors and Mayors/Regents of specific cities/regencies in Java, Bali, East Kalimantan, South Sulawesi, and North Sumatera to also apply similar Micro PPKM policies. To determine which areas shall apply the Micro PPKM policies, the following factors set forth in the Instruction must be considered: above average death rate, below average recovery rate, above average active case rate, and Bed Occupancy Ratio for the Intensive Care Unit and Isolation Unit of above 70%.

***

 

March 10, 2021

Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Caleb Sitorus (csitorus@aksetlaw.com)  for further information.

Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

 


Wage Adjustments Allowed in Certain Labor-Intensive Industries

As a response to the COVID-19 pandemic, the Minister of Manpower issued Minister of Manpower Regulation No. 2 of 2021 dated February 15, 2021 on the Implementation of Remuneration in Certain Labor-Intensive Industries During the Corona Virus Disease 2019 (COVID-19) Pandemic (“Regulation 2”). Regulation 2 aims at protecting both the rights of the workers to their wages and the continuity of certain labor-intensive industries during these volatile times.

Regulation 2 permits companies within certain labor-intensive industries affected by the COVID-19 pandemic to agree with the workers to adjust the amount of the wages paid to workers along with its payment procedures. To this end, a company must enter into on an agreement with the workers (the “Wage Adjustment Agreement”).

Regulation 2 defines companies “affected by the COVID-19 pandemic” as those that have their business activities limited due to government policies which cause a portion or the entirety of their workforce not being able to perform the work.

The key provisions of Regulation 2 are as follows:

  • Criteria of Labor-Intensive Industries

Companies within labor-intensive industries fall under the scope of Regulation 2 shall fulfill the following requirements:

  1. A company has at least 200 (two hundred) workers; and
  2. The cost of the labor of such company constitutes at least 15% of the total production costs of the company.

In terms of industry coverage, labor-intensive industries encompass the following:

  1. food, beverage, and tobacco industry;
  2. textile and garment industry;
  3. leather and leather goods industry;
  4. footwear industry;
  5. children’s toys industry; and
  6. furniture industry.
  • Wage Adjustment Agreement

The Wage Adjustment Agreement must be made through a transparent and good-intentioned deliberation between the company and its workers, and must contain at least the following:

  1. the amount of adjusted wages;
  2. the procedures of the wage payment; and
  3. the term of the agreement (which shall not be beyond December 31, 2021).

However, it must be noted that the amount of the adjusted wages must not be used as the basis for calculating the social security contributions, the termination benefits, and other rights of the workers. For the purpose of such calculations,  the amount of the wages prior to the adjustment must be used instead.

In our view, Regulation 2 simply emphasizes the ability of a company (in certain industries) to agree with its employees to reduce the amount of the wages for a certain period of time (not beyond December 31, 2021).

***

February 19, 2021

Please contact Caleb Sitorus (csitorus@aksetlaw.com), N. Sekar Lestari (nlestari@aksetlaw.com), or Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) for further information.


Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

Copyright © 2021 AKSET. All rights reserved.

 


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.


Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

Copyright © 2021 AKSET. All rights reserved.

 


Temporary Restrictions for Foreigners Entering Indonesia

Following the issuance of the COVID-19 Task Force’s Circular Letter No. 2 of 2021 dated January 14, 2021 on International Travel Health Protocols During the COVID-19 Pandemic (the “Task Force Circular”), the Director General of Immigration (the “DGOI”) issued Circular Letter No. IMI-0103.GR.01.01 of 2021 dated January 14, 2021 on Temporary Restrictions for Foreigners to Enter Indonesia During the COVID-19 Pandemic (the “DGOI Circular”). The DGOI Circular intends to provide the guidelines and the optimization of the immigration functions in implementing the temporary restrictions for foreigners who wish to enter Indonesia.

The DGOI Circular mandates attaché, immigration technical staff, or foreign service officials to comply with the following provisions:

  1. Temporarily rejects visa applications, except for visit visas applications with a 1 (one) way trip for humanity purposes, such as visiting or assisting parents or siblings who are sick, passed away, or in need of medical assistance in Indonesia.
  2. The foregoing visas may only be issued by immigration officials or foreign service officials in an embassy/consulate only if the relevant visa applications meet the requirements under applicable laws and regulations, and the applications include the reasons for the applications.
  3. If such visas are granted, the attaché, immigration technical staff, or foreign service officials shall immediately report such granting to the Director General of Immigration.

The DGOI Circular also instructs the Head of Immigration Division to continuously report and conduct assistance, control, and supervision for the implementation of these temporary restrictions.

In addition, Head of Immigration offices are expected to do the following:

  1. To provide entry stamps for foreigners who:
    • hold diplomatic visas or official visas for official visits and their position is at least at the ministerial level,
    • hold diplomatic stay permits or official stay permits,
    • hold limited stay permits or permanent stay permits,
    • hold visit visas and limited stay permit visas issued after the DGOI Circular enters into force based on the consideration and a written special permit from the relevant Ministry(ies)/Agency(ies), and
    • are part of the transportation crew who enter Indonesia along with a vehicle.
  2. To grant the extension of limited stay permits or permanent stay permits and/or re-entry permits for foreigners who currently reside overseas but their stay permits are about to expire during the temporary restrictions,
  3. To supervise and control anything related to immigration checking, and
  4. To continuously report and conduct assistance, control, and supervision for the implementation of the temporary restrictions.

According to the Task Force Circular, foreigners are prohibited from entering Indonesia until January 25, 2021 unless they hold a diplomatic visa or an official visa for official visits and their position is at least at the ministerial level, a diplomatic stay permit or an official stay permit, a limited stay permit or a permanent stay permit, or obtain a written special permit from the relevant Ministry(ies)/Agency(ies).

***

January 21, 2021

Please contact Johannes C. Sahetapy-Engel [jsahetapyengel@aksetlaw.com] and I. Vivi N. Sidabutar [isidabutar@aksetlaw.com] for further information] for further information.


Disclaimer:

The foregoing material is the property of AKSET and may not be used by any other party without prior written consent.  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.

Any links contained in this document are for informational purposes and are available and relevant at time this publication is made.  We provide no liability whatsoever in respect of any information or content in such links.

Copyright © 2021 AKSET. All rights reserved.

 


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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Government Stipulates Types of COVID-19 Vaccines

As a follow up to our previous Newsflash on the general overview of COVID-19 vaccine procurement, this Newsflash discusses the types of vaccines for COVID-19 as stipulated under the Minister of Health (“MOH”) Decree No. HK.01.07/MENKES/9860/2020 dated December 3, 2020 on Stipulation of the Types of Vaccines for the Implementation of the Corona Virus Disease 2019 (COVID-19) Vaccination (the “MOH Decree”).

We set out below the key provisions of the MOH Decree.

  • Types of Vaccines

The MOH Decree stipulates the types of COVID-19 vaccines that may be used for the implementation of vaccination in Indonesia the following vaccines produced by (i) PT Bio Farma (Persero) (as the designated state-owned enterprise to procure the COVID-19 vaccines), (ii) AstraZeneca, (iii) China National Pharmaceutical Group Corporation (Sinopharm), (iv) Moderna, (v) Pfizer Inc. and BioNTech, and (vi) Sinovac Biotech Ltd.

The above types of vaccines are either in the third-phase clinical trial or have completed the third-phase of the clinical trial.

In the future, the MOH may change the types of COVID-19 vaccines based on the Indonesian Technical Advisory Group on Immunization’s recommendation and taking into account the considerations of the Committee of the COVID-19 Handling and the National Economic Recovery.

  • Use of Vaccines

In compliance with the National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan - "BPOM") Regulation No. 24 of 2017 dated November 24, 2017 on Criteria and Drug Registration Procedures as lastly amended by BPOM Regulation No. 27 of 2020 dated September 29, 2020, the use of vaccines for the implementation of the COVID-19 vaccination is only conducted after receiving the distribution license (izin edar) or emergency use authorization (persetujuan penggunaan darurat) issued by BPOM.

The MOH Decree further provides that the MOH shall conduct the vaccine procurement in accordance with the types of COVID-19 vaccines for the implementation of vaccination program by the MOH. Meanwhile, for the implementation of independent vaccination, the vaccines shall be procured by the Minister of State-Owned Enterprises.

  • Price of the COVID-19 Vaccines

Pursuant to President Joko Widodo’s statement on December 16, 2020, the COVID-19 vaccines would be available free of charge or at no cost. This decision was made after considering the contributions of the public and the calculation of the state budget.

In order to dispel public doubts and to gain the community’s confidence about the safety of the COVID-19 vaccines, the President also confirmed that he would be the first person to receive the COVID-19 vaccine.

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January 8, 2021

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