With the number of COVID-19 cases continuing to rise, DKI Jakarta Governor Anies Baswedan announced the re-enactment of Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar or “PSBB”) in the province from September 14 to September 27, 2020. The reintroduction of PSBB was stipulated in DKI Jakarta Governor Decree No. 959 of 2020 regarding Enforcement of the Implementation of PSBB in the Handling of COVID-19 in DKI Jakarta dated September 11, 2020 (“DKI Jakarta Decree 959/2020”).

Jakarta has introduced a number of new requirements during the PSBB enforcement. These new requirements are regulated under DKI Jakarta Governor Regulation No. 88 of 2020 dated September 11, 2020 (“Governor Reg 88/2020”), which amends DKI Jakarta Governor Regulation No. 33 of 2020 regarding the Implementation of PSBB in the Handling of COVID-19 in DKI Jakarta dated April 9, 2020 (“Governor Reg. 33/2020”).

Governor Reg. 88/2020 in general maintains the COVID-19 health protocols such as mask wearing and periodic disinfecting under Governor Reg. 33/2020, while introducing some new requirements. This article discusses those new requirements for different sectors during DKI Jakarta’s latest enforcement of PSBB.

1. Temporary closure of schools and other educational institutions

Governor Reg. 88/2020 suspends school and/or educational institution activities in DKI Jakarta during the implementation of PSBB. It adds an obligation for the person in charge at schools and/or educational institutions to prohibit students from attending activities or gatherings that may violate COVID-19 health protocols. The person in charge shall also communicate with students’ parents to encourage them to prohibit their children from engaging in activities outside of school that may violate health protocols.

2. Temporary restriction on workplaces

Work activities in workplaces/offices are still temporarily restricted during the enforcement of PSBB, with workplaces/offices required to implement work from home policies. Governor Reg. 88/2020 stipulates that if full work from home cannot be implemented, the number of employees in the workplace/office at any one time shall be limited to 25% of the workplace capacity.

If a worker/employee tests positive for COVID-19, Governor Reg. 88/2020 obligates the workplace/office to suspend all in-person activities for at least three full days. This is a stricter requirement than the minimum standard required by the Minister of Health (“MOH”), which is the temporary suspension of all in-person workplace/office activities for one full day if a COVID-19 case is found (MOH Decree No. HK.01.07/MENKES/382/2020 regarding Guidelines for the Prevention and Handling of COVID-19 in Offices and Industrial Workplaces in Supporting Business Continuation in the Pandemic Situation dated May 20, 2020).

Governor Reg. 88/2020 no longer exempts “all government offices/institutions, central or regional, based on the regulations of the relevant ministries” from the temporary restrictions during PSBB. The exemptions for government offices/institutions under Governor Reg. 88/2020 are as follows:

a. Foreign representative offices and/or international organizations in conducting diplomatic and/or consular functions, along with other functions under international law;

b. State/regional-owned enterprises handling COVID-19 and/or fulfilling the public’s primary needs under the regulations of the relevant ministry and/or the Government of DKI Jakarta Province;

c. Business actors in the sectors of communications and information technology, construction, energy, finance, foodstuffs/food/drink, health, hotels, logistics, technology, basic services, public utilities, strategic industries and industries that have been determined as national vital objects, and/or daily needs;

d. Local and international public organizations involved in disaster relief and/or disaster relief socialization.

Offices that fall under any of the above exemptions must comply with DKI Jakarta Governor Regulation No. 79 of 2020 regarding the Implementation of Discipline and Legal Enforcement of Health Protocols in an Effort to Prevent and Handle COVID-19 dated August 19, 2020 (“Governor Reg. 79/2020”). Governor Reg. 88/2020 stipulates that business actors that obtain a license from the central Government to carry out business activities during the PSBB enforcement must also comply with the requirements under Governor Reg. 79/2020.

3. Limitations on religious activities

Religious activities during the new PSBB are allowed, limited to 50% of the building’s capacity. However, activities at houses of worship and/or certain places used for worship that are located outside residential and/or office areas, or those located in red zones as determined by the DKI Jakarta Health Services Office, are suspended in full.

For DKI Jakarta’s Kepulauan Seribu, or Thousand Islands, Regency the restrictions on religious activities are to be stipulated in a decree that was to be issued by the Mayor/Regent of Kepulauan Seribu no later than two days since the issuance of Governor Reg 88/2020. As of the date of this writing, however, no such decree has been issued.

4. Limitations on activities in public places or facilities

It is still prohibited during the new PSBB enforcement for more than five people to gather in public places of facilities except for the fulfillment of basic/daily needs and personal sports activities.

Governor Reg. 88/2020 adds new categories to basic and daily needs. Basic needs now consist of banking, clothing, communication and information technology, energy, finance, foodstuff/food/drink, logistics and payment systems. And daily needs consist of the provision of retail goods in public markets, shopping centers, supermarkets, minimarkets, hypermarkets, grocery stores, shops or shops/grocery stalls. Laundry services are also exempted for the purpose of daily needs.

5. Temporary suspension of the movement of people and/or goods

During PSBB, all movement of people and/or goods is temporarily suspended except for activities to fulfill primary needs and other activities that are permitted during PSBB. Governor Reg. 88/2020 adds “water transportation” to the list of exempted modes of transportation for the movement of people. The full list is:

  • Personal motor vehicle;
  • Passenger transportation with public motor vehicle;
  • Train transportation; and
  • Water transportation.

6. Limitations on social and cultural activities

Governor Reg. 88/2020 does not amend the provisions under Governor Reg. 33/2020 regarding social and cultural activities. It maintains that all political, sports, entertainment, academic and cultural gatherings, meetings, and activities that would result in people gathering are prohibited during PSBB. There is again an exemption for circumcisions in health facilities, weddings at the Religious Affairs Office/Registry Office, and funerals in funeral homes.

7. Limitations on transportation modes

Governor Reg. 88/2020 adds new limitations on transportation modes during PSBB. These limitations include:

  • Private cars shall carry no more than two people per row of seats, except for passengers who live together.
  • App-based motorcycle taxis shall comply with the Decree of the Head of the Transportation Services Office. This means app-based motorcycle taxis can transport passengers if they implement health protocols.
  • Public motor vehicles can carry no more than 50% of the vehicle’s total passenger capacity and must also maintain physical distancing of at least one meter between passengers.

Governor Reg. 88/2020 maintains the COVID-19 health protocols stipulated in Governor Reg. 33/2020 in carrying out the movement of people and goods with different modes of transportation. These health protocols include wearing masks, the periodic disinfection of vehicles and prohibiting anyone who is sick or has an above normal temperature from using transportation.

8. Controlled Isolation for COVID-19 Positive Residents

Previously, DKI Jakarta residents were required to self-isolate at home following a positive COVID-19 test or possible COVID-19 infection. Now, under Governor Reg. 88/2020, all persons are required to carry out controlled isolation or hospital treatment in accordance with the recommendation of medical workers. Such controlled isolation shall take place in, among other locations, (i) Kemayoran self-isolation facility, and (ii) hotels, lodgings, or guest houses.

Anyone in violation of the controlled self-isolation requirement shall be forcibly moved to a controlled isolation location. This shall be enforced by Satpol PP, the Police, the Indonesian Armed Forces and/or the related Regional Apparatus. (September 23, 2020)