Indonesia - DKI Jakarta Regulates Sanctions And Travel Restrictions For Handling Covid-19 .
Legal News & Analysis - Asia Pacific - Indonesia - Regulatory & Compliance
2 June 2020
On May 19, 2020, DKI Jakarta Governor Anies Baswedan announced that the province’s implementation of Large-Scale Social Restrictions (Pembatasan Sosial Berskala Besar or “PSBB”) was extended from May 22 to June 4, 2020, under Governor of DKI Jakarta Decree No. 489 of 2020 regarding Extension of the Enforcement of the Implementation of Large-Scale Social Restrictions in Handling the Coronavirus Disease or COVID-19.
For this second extension of DKI Jakarta’s PSBB it is important to note that the Governor introduced sanctions for violations of social distancing rules. These sanctions are under Governor of DKI Jakarta Regulation No. 41 of 2020 regarding the Imposition of Sanctions for Violations of the Implementation of Large-Scale Social Restrictions in Handling COVID-19 in the Special Capital Region of Jakarta Province (“Governor Reg. 41/2020”).
Anies also issued Governor of DKI Jakarta Regulation No. 47 of 2020 regarding Restrictions on Travel in Exiting and/or Entering the Special Capital Region of Jakarta Province in the Handling of COVID-19 (“Governor Reg. 47/2020”). This regulation provides mechanisms for travel in DKI Jakarta during the stipulation of the non-natural disaster of COVID-19 as a national disaster.
This article discusses the measures and administrative sanctions provided under Governor Reg. 41/2020 and the travel restrictions under Governor Reg. 47/2020.
I. Sanctions for Violating PSBB in DKI Jakarta
1. Sanctions for not Wearing a Mask Outside the House or Carrying Out Activities in Public Places
Under Governor Reg. 41/2020, anyone who violates the obligation to wear a mask outside of the house or the obligation to limit activities in public places to a maximum of five people is subject to administrative sanctions. These sanctions are (i) administrative written warning; (ii) being required to clean public facilities while wearing a vest; and (iii) administrative fines between Rp100,000 and Rp 250,000. Sanctions will be imposed by Municipal Police Units (Satuan Polisi Pamong Praja or “Satpol PP”), which may be accompanied by officers from the police force.
2. Sanctions Related to Learning Activities in Schools or Educational Institutions and/or Religious Activities in Houses of Worship
Any person (i) organizing learning activities in schools and/or educational institutions or (ii) carrying out religious activities in houses of worship and/or in certain other places during PSBB is subject to administrative sanction in the form of a written warning issued by Satpol PP, which may be accompanied by the police.
3. Sanctions for Workplaces not Restricting Work Activities of its Employees/Workers
Governor Reg. 41/2020 stipulates administrative sanctions for:
heads of workplaces/offices that violate the obligation to temporarily suspend activities at the workplace/office during PSBB;
heads of workplaces/offices allowed to operate during PSBB but which fail to implement protocols for the prevention of COVID-19 in the workplace/office during PSBB; and
workplace heads for restaurants/dining places/similar businesses, hotels and/or construction sites that fail to comply with PSBB requirements for such workplaces.
Administrative sanctions under points (a) and (c) are in the form of (i) sealing off of the office/workplace, valid until the end of the PSBB enforcement, and (ii) administrative fines between Rp 5 million and Rp 50 million, depending on the type of violation. Administrative sanctions under point (b) are in the form of (i) warning letter and (ii) administrative fines of at least Rp 25 million and a maximum of Rp 50 million.
Administrative sanctions for non-restaurant/dining place/similar business or hotel workplaces will be imposed by the Manpower, Transmigration and Energy Service Office, accompanied by a relevant representative of the Governor and the House of Representatives in carrying out governmental affairs in the DKI Jakarta (“Regional Apparatus”). Administrative sanctions for persons in charge of restaurants/dining places/similar businesses or hotels will be imposed by Satpol PP, accompanied by the relevant Regional Apparatus.
4. Sanctions for Carrying Out Social and Cultural Activities
Governor Reg. 41/2020 provides administrative sanctions for persons or legal entities that carry out non-permitted social and cultural activities during PSBB, e.g. activities other than circumcisions, weddings, burials and/or funerals for persons passing away due to causes other than COVID-19. Administrative sanctions will be issued by Satpol PP, accompanied by the relevant Regional Apparatus.
If the violation is committed by an individual, the administrative sanction will be in the form of the requirement that they clean public facilities while wearing a vest. For violations by a legal entity, the sanction will be in the form of administrative fines of between Rp 5 million and Rp 10 million. In addition, persons in charge/legal entities that carry out social or cultural activities in violation of PSBB are subject to administrative sanctions in the form of the revocation of their business license by the Capital Investment and One-Stop Integrated Services Office.
5. Sanctions for Use of Transportation Modes for the Movement of People and Goods
Governor Reg. 41/2020 stipulates specific administrative sanctions for the use of personal cars, motorcycles and public motorized vehicles in violation of the PSBB regime. These administrative sanctions are imposed by Satpol PP, accompanied by members of the Transportation Service Office and/or the police.
Violations of obligations such as carrying a maximum 50% of the vehicle’s capacity, limiting the carrying of passengers on motorcycles to people with the same address/residence as proven by their (Kartu Tanda Penduduk or “KTP”) and restricting operating hours for public motorized vehicles in accordance with the regulations of the DKI Jakarta provincial government and/or related agencies are subject to the following sanctions:
administrative fines from Rp 100,000 to a maximum Rp 1 million, depending on the type of vehicle;
obligation to clean public facilities while wearing a vest; or
towing the motorized vehicle to a storage facility provided by the DKI Jakarta provincial government.
When personal cars, motorcycles and/or public motorized vehicles are towed the vehicle storage facility may be located at the sub-district office or the district office. Governor Reg. 41/2020 further stipulates that Satpol PP and the Transportation Service Office are not responsible for any damage to or loss of the towed vehicle or its contents.
After the vehicle is towed, written notification will be delivered to the owner/driver of the vehicle within 24 hours by Satpol PP or the Transportation Service Office to retrieve the vehicle. If the vehicle is not retrieved within three days it will be moved to the motorized vehicle storage facility of the Transportation Service Office and will be processed in accordance with the provisions of laws and regulations.
6. Procedure for Administrative Fines and Criminal Sanctions
When an offender is found to have violated PSBB, they will be issued a Stipulation Letter of PSBB Administrative Sanction (“SKDA-PSBB”). The offender, if subject to an administrative fine, will then be required to pay that fine into the regional treasury through Bank DKI. The authority to issue the SKDA-PSBAA and receive the receipt of deposit from Bank DKI differs based on the type of violation committed by the offender. Governor Reg. 41/2020 also provides that the police are authorized to impose criminal sanctions for violations of PSBB in accordance with provisions of laws and regulations.
II. Sanctions for Violating Travel Restrictions in DKI Jakarta during COVID-19
Under Governor Reg. 47/2020, every person or business is prohibited from exiting and/or entering DKI Jakarta unless they hold an Electronic KTP (‘KTP-el’) for the Jakarta metropolitan area, or Jabodetabek, or if they are a foreigner with an e-KTP/permanent stay permit/limited stay permit. However, the regulation introduces the Exit/Entry Permit (Surat Izin Keluar Masuk or “SIKM”), which serves as a dispensation letter given to exit and/or enter DKI Jakarta province during the stipulation of COVID-19 as a national disaster.
A SIKM may be issued for (i) exempted persons, business actors or foreigners because of their work duties; (ii) persons, business actors or foreigners who due to their work duties and/or for emergency reasons travel into DKI Jakarta province from outside Jabodetabek; and (iii) persons who do not have a DKI Jakarta KTP-el or a DKI Jakarta Family Card. Governor Reg. 47/2020 also provides that interprovincial land transportation providers are only permitted to transport and/or rent out their motor vehicles to passengers to leave and/or enter DKI Jakarta if such passengers hold a SIKM. SIKM requirements differ depending on the type of applicant, as provided on the corona.jakarta.go.id website, and are issued electronically by the Capital Investment and One-Stop Integrated Services Office in the form of a QR Code.
There are two types of SIKM for people, employees/workers, business actors or foreigners, i.e. a (i) repetitive travel SIKM and a (ii) one-time travel SIKM. A repetitive travel SIKM is intended for those who are domiciled in DKI Jakarta province but whose work/place of business is outside Jabodetabek, or vice versa. A one-time travel SIKM is intended for those who travel outside Jabodetabek or who are domiciled in Jabodetabek but have a place of residence or place of business in DKI Jakarta province, or who have an urgent need, such as patients in need of emergency health services or people who must travel because a core family member is terminally ill or has passed away.
Any person, business actor or foreigner found to have exited and/or entered DKI Jakarta in violation of PSBB will be (i) directed to return to their home/residence if they originate from DKI Jakarta or (ii) directed to return to their place of origin or put in quarantine for 14 days at a location designated by the Task Force for the Acceleration of Handling COVID-19 at the provincial and/or city/regency level if they originate from outside DKI Jakarta. These measures are carried out by Satpol PP, with assistance from the Transportation Service Office and possibly members of the police and/or the Indonesian military.
Interprovincial land transportation providers found to be transporting passengers and/or renting out their motor vehicles to passengers without an SIKM are subject to an administrative fine in the amount of Rp 10 million. The vehicle will also be towed to a motor vehicle storage facility provided by the DKI Jakarta provincial government. The Transportation Service Office may also issue a recommendation to the Ministry of Transportation to revoke the business license of interprovincial land transportation providers.
Additionally, Governor Reg. 47/2020 stipulates that persons or business actors that create fake letters, manipulate information and/or electronic documents, or make false statements for the administration of SIKM are subject to criminal sanctions under the applicable laws and regulations. (June 2, 2020)
For further information, please contact:
Sabrina Christabel M. Tobing, Partner, Soewito Suhardiman Eddymurthy Kardono