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Jakarta Governor Imposes Social Interactions Limitation Against COVID-19 Affecting Business Sectors



by Rahmat Adrian (rahmat.adrian@launcher.id) and Clara Viriya (clara.viriya@launcher.id)


After the issuance of the Minister of Health Decree No. HK.01.07/MENKES/239/2020 (“Minister Decree 239/2020”), authorizes the Government of the Special Province of the Capital City of Jakarta (“DKI Jakarta”) to implement a limitation of large-scale social interactions (“PSBB”) as an effort to curtail the transmission of corona virus disease 2019 (“COVID-19”) in the region, DKI Jakarta Governor, Annies Baswedan issued Governor Regulation Number 33 of 2020 (“Governor Regulation 33/2020”) on the Implementation of PSBB to Countermeasures Against COVID-19 in DKI Jakarta and Governor Decree No. 380 of 2020 (“Governor Decree 380/2020”) as the enforcement order of PSBB in DKI Jakarta.


Limitation of Large-Scale Social Interactions (“PSBB”)

Governor Regulation 33/2020 mainly limits any person who is domiciled and/or engaged in activities in DKI Jakarta to carry out outside-the-house activities. The followings are the implementation of such limitations:

a. Learning activities in schools and/or other educational institutions;

b. Work activities in the workplace;

c. Religious activities in houses of worship;

d. Activities in public places and facilities;

e. Social and cultural activities; and

f. Movement of people and goods using any modes of transportation.


Further, pursuant to Article 3 (a) and (b) of Governor Regulation 33/2020, during the period of the PSBB, every person must conduct clean and healthy lifestyle (“PHBS”) and wear a mask while doing unrestricted activities outside the home.


Period of PSBB

The implementation of PSBB is effective as of April 10, 2020 until April 23, 2020 and may be extended for 14 (fourteen) days in accordance with the recommendation of the DKI Jakarta Task Force to Expedite Countermeasures Against COVID-19.


PSBB to affect business and work activities in DKI Jakarta

During the PSBB period, work activities in the work premise shall be temporarily suspended and replaced with work activities performed from home (“Work From Home”). In the implementation of such work activities limitation, the work managers shall obligatory maintain the work activities or services remain available in limitations, maintain the productivity and performance of the workers, prevent the transmission of COVID-19 in the work premise, maintain the security of the work premise, and provide the protection for the workers affected by the COVID-19. In addition to curb the COVID-19 contagion in work premises, every work premise shall be kept in clean and sterilized with disinfectant and restricted from any unauthorized persons.


Exclusion from Work From Home Policy

Nonetheless, such Work From Home implementation shall be excluded for the work premise with the following categories:

a. All central and regional government offices or institutions pursuant to the respective institutions’ policies;

b. Representative Offices of Foreign Countries and/or International Organizations conducting diplomatic and consular activities pursuant to the prevailing International Laws;

c. State/Regional-Owned Enterprises participating in the countermeasures activities against COVID-19 and/or in the fulfillment of people’s basic necessities pursuant to the respective ministerial and/or DKI Jakarta Government’s policies;

d. Business engaging in the following sectors:

  1. Health;

  2. Food material/foods/beverages;

  3. Energy;

  4. Communication and information technology;

  5. Finance;

  6. Logistic;

  7. Hospitality;

  8. Construction;

  9. Strategic Industry;

  10. Service on basic needs, public utilities and industries stipulated as national vital object and certain object;

  11. Daily needs; and/or

e. Local and International Public Organization engaging in disaster and/or social affairs.


According to the Article 10 paragraph (6), the Chairman of DKI Jakarta Task Force to Expedite Countermeasures Against COVID-19 may in his discretion to add up the categories of work premise or office that are excluded from the WFH policy.

Further, under Article 10 paragraph (2) of Governor Regulation 33/2020, the work managers of which shall be excluded from WFH shall mandatory conduct several actions, as follow:

a. Restrict and limit social interactions during work activities;

b. Restrict workers with the following conditions: high blood pressure, heart diseases, diabetes, lung diseases, cancer, pregnancy, and over 60 years of age, to conduct work activities in the work premise.

c. Implement COVID-19 transmission prevention protocol in the work premise, which shall include:

  1. Ensure cleanliness and hygiene of work premise;

  2. Conduct COVID-19 prevention cooperation with the nearest facilities of emergency;

  3. Provide vaccine, vitamin and additional nutrients in order to increase worker’s immunity;

  4. Periodically disinfect the entire work premise;

  5. Regularly detect and monitor worker’s body temperature as well as to ensure such workers do not experience above normal body temperature or any sick symptoms;

  6. Require every worker to regularly wash hand using soap and/or hand sanitizer and to provide proper hand-washing facilities in the work premise;

  7. Maintain 1-meter away physical distance between workers;

  8. Disseminate information relating to COVID-19 prevention in the work premise; and

  9. Conduct the following actions in the event that any worker becoming patient under investigation (Pasien Dalam Pengawasan or PDP): (i)Temporarily suspend work activities in the work premise for at least 14 working days, (ii) Give access to medical personnel to evacuate and disinfect the entire work premise, and (iii) Temporarily close the work premise until the following are properly carried out: evacuation and disinfect, health check and isolation for any worker having physical interaction with the worker infected with COVID-19.


Consequence to Restaurant and Business Providing Foods & Beverages

During the PSBB period, restaurant or similar business may remain open, with the following requirement to comply with:

a. Only open for take away, online order and/or call order delivery;

b. Maintaining the distance of queues, either standing or sitting, at least 1 meter between customers;

c. Applying the principles of food sanitation in food/beverage production;

d. Providing gloves and/or food tongs to reduce direct contact in food preparation, processing and serving;

e. Ensuring adequate food heating process;

f. Ensuring cleanliness the work premise as well as the equipment;

g. Providing proper hand-washing facilities for customers and workers;

h. Restricting sick workers to come to the work premise, as well as those workers indicating with above normal body temperature, cough, runny nose, diarrhea and shortness of breath; and

i. Requiring the food handler to use of glove, head-mask and working attire pursuant to the working safety and health guidelines.


Hotel and Hospitality Operation under PSBB

Hotel management operating during the PSBB shall ensure the compliance of several working procedures, as follow:

a. Providing special service for guests intended to do self-isolation;

b. Restricting guest from doing activities other than inside the hotel room and using room services facility;

c. Closing activities and/or hotel facilities that can create people gathering;

d. Restricting sick guest to stay at the hotel, including those with above normal body temperature, cough, diarrhea, and shortness of breath; and

e. Requiring hotel employees to use glove, head-mask and working attire pursuant to the working safety and health guidelines.


Construction Project during PSBB Period

The project leader of which construction project remain operating during the PSBB period, shall have the obligations to maintain the compliance, as follow:

a. Construction activities shall only be conducted in the project area;

b. Appointing a person in charge to implement the prevention of COVID-19 in the project area;

c. Restricting interactions between the workers in the project area;

d. Providing accommodation and basic needs of all workers in the project area;

e. Providing proper health facilities;

f. Restricting any person who has above normal body temperature to enter the project area; and

g. Regularly monitor the health condition of each worker in the project area.


Grocery, Retail Shops Providing Basic Needs, and Laundry

The following basic needs providers (“Retail Shop”) may remain open during the PSBB, include:

a. Public market;

b. Small grocery shop (warung/toko kelontong), minimart, supermarket, hypermarket, wholesale and specific store operating inside or outside malls/shopping centers; and

c. Laundry service.


Further, the retail shop owner operating during the PSBB shall ensure the following:

a. Giving priority to online and/or delivery order;

b. Shall not increasing the price of goods in order to maintain the economic stability and consumer’s purchasing power;

c. Regularly disinfecting the business premise;

d. Monitoring both employee’s and consumer’s body temperature prior to entering into the Retail Shop, as well as to ensure employee with above normal body temperature or sick employee shall not work in the work premise;

e. Implementing the physical distancing at least 1 meter away between customers;

f. Requiring every employee to wear working attire pursuant to the working safety and health guidelines.

g. Disseminating proper hand-washing suggestions and providing proper hand-washing facilities for customers and workers;


Business in Transportation and Logistic

There are only several people movement modes of transportation that are excluded from the temporary suspension in accordance with the Article 18 paragraph (2) of Governor Regulation 33/2020, include: private vehicles, public transportation, and trains. While all types of goods movements modes of transportation remain allowed to be operated.


For transportation businesses engaging in online application based or ride hailing application, during the PSBB period, it is only permitted operate a motorcycle goods transportation. While public transportation, trains and/or logistics (goods transporting) are permitted to operate with the following conditions:

a. Limiting the numbers of persons of up-to 50% of its capacity;

b. Limiting the operational hour in accordance with DKI Jakarta Government and/or respective institutions’ policies;

c. Regularly disinfecting the vehicles;

d. Detecting and monitoring both employee’s and passenger’s body temperature prior to entering the mode of transportation and ensuring the employee and passenger with above normal body temperature or sick not to ride; and

e. Implementing 1 meter away physical distancing.


Sanction

Any violation of the implementation of PSBB shall be sanctioned, including criminal sanction, in accordance with the prevailing laws and regulation.


LID Advisory is a publication prepared by Launcher.id. It is intended to inform in general topics covered only, and should not be treated as a legal advice or relied upon when making business activities or investment decisions. Should you have any inquiries on the matters contained in LID Advisory, or other comments generally, please contact us at contact@launcher.id.

All content presented herein is for informational purposes only. Nothing should be construed as legal advice. Transmission and receipt of this information is not intended to create and does not constitute, an attorney-client relationship with PT Sinergi Konsultasi Indonesia. There is no expectation of attorney-client privilege or confidentiality of anything you may communicate to us in this forum. Do not act upon any information presented without seeking professional counsel.

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