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:

1. schools and/or educational institutions activities will be temporary suspended and replaced by learning activities through long distance learning methods;
2. workplaces closure which means that activities at workplaces are temporarily suspended, and employers must implement the work-from-home system;
3. religious activities in houses of worship are temporarily suspended;
4. public places or facilities shall temporarily be closed;
5. social and cultural activities that draw crowds are temporarily suspended; and
6. 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:

1. all offices/government institutions, either central or regional;
2. foreign country representative offices and/or international organizations carrying out diplomatic functions;
3. state/regional-owned enterprises participating in the handling of Covid-19 and/or fulfillment of basic needs;
4. 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.
5. 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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