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:
- communication and information technology;
- hospitality/hotel activities;
- 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 3×24 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.