Indonesia - New Requirements On The Movement Of People In DKI Jakarta To Prevent The Spread Of Covid-19.

Legal News & Analysis - Asia Pacific - Indonesia - Regulatory & Compliance

30 June 2020

 

The Governor of DKI Jakarta has issued a new regulation to control the movement of people into and out of DKI Jakarta province in an effort to prevent the spread of COVID-19.
 

The new regulation is DKI Jakarta Regulation No. 60 of 2020 regarding Controls on Travel in the Special Capital Region of Jakarta in an Effort to Prevent the Spread of Corona Virus Disease 2019 (COVID-19) (June 23, 2020) (“Governor Reg. 60/2020”). It revokes DKI Jakarta Regulation No. 47/2020 regarding Restrictions on Travel in Exiting and/or Entering the Special Capital Region of Jakarta in the Handling of COVID-19 (May 14, 2020) (“Governor Reg. 47/2020”).
 

One of the highlights of the new regulation is the use of Exit/Entry Permits (Surat Izin Keluar Masuk or “SIKM) for persons traveling into and out of the Jakarta metropolitan area, known as Jabodetabek. Similar to the previous regulation, Governor Reg. 60/2020 obligates every person or business that does not hold an electronic Indonesian identity card, or e-KTP, for Jabodetabek, or in the case of foreign nationals, those without an e-KTP/permanent stay permit/limited stay permit, to apply for an SIKM. These Exit/Entry Permits serve as a dispensation letter to exit and/or enter DKI Jakarta province during the stipulation of COVID-19 as a national disaster.


This article discusses the latest rules regarding procedures, supervision and sanctions relating to SIKM.
 

Procedure to Obtain SIKM
 

Under the previous regulation, Governor Reg. 47/2020, applicants for an SIKM were required to submit a set of documents, including letters of guarantee/statement from family members, companies or workplaces in DKI Jakarta, depending on the applicant’s intention in entering DKI Jakarta’s territory. Now, under Governor Reg. 60/2020, applicants are required to upload the following documents to the corona.jakarta.go.id website:
 

  • e-KTP/permanent stay permit/limited stay permit;
     
  • photo of the applicant; and
     
  • Corona Likelihood Metric (“CLM”) result showing the holder is safe to travel or a negative Reverse Transcription Polymerase Chain Reaction test result. Governor Reg. 60/2020 defines CLM as a type of health screening using information technology to assess the risk of someone being infected with COVID-19.
     

The previous regulation, Governor Reg. 47/2020, differentiated between two types of SIKM, i.e. (i) repetitive travel SIKM and (ii) one-time travel SIKM. This new regulation no longer provides such differentiation. Governor Reg. 60/2020 provides that an SIKM will be valid as long as the holder’s CLM is still applicable. (A CLM is valid for seven days.) Once a CLM is no longer valid, pass the seven-day window, the SIKM will be invalid and can only be reactivated if the SIKM holder renews the CLM through the corona.jakarta.go.id website.
 

A collective SIKM application can be submitted for state agencies, government institutions, the Indonesian Armed Forces (“TNI”), the police, private institutions and agencies, and international institutions and agencies. However, each person covered by the collective application must provide the above documents. Once the application is deemed complete, the Capital Investment and One-Stop Integrated Services Office (“DPM and PTSP”) will issue the SIKM electronically using a QR code within one working day. Additionally, consistent with the previous regulation, Governor Reg. 60/2020 provides that children who do not yet have a KTP will follow the SIKM of a parent or family member.
 

Supervision and Enforcement of SIKM
 

Governor Reg. 60/2020 introduces a new set of obligations for public order officers, known as Satpol PP, organizers/managers of places/activities, and Community Unit COVID-19 Task Forces, giving them a role in SIKM screening at their respective checkpoints, as follows:
 

Authority

Checkpoints

Satpol PP, as accompanied by members of the Transportation Service Office and Health Service Office (they may also be accompanied by the police and TNI)

  1. Access roads into/out of DKI Jakarta province, both highways or non-highways;
  2. Passenger bus terminals;
  3. Entrances/exits at stations for intercity trains;
  4. Entrances/exits at airport passenger terminals;
  5. Entrances/exits at port passenger terminals.

Organizers/Managers of activities and/or places

 

  1. Schools and/or educational institutions;
  2. Workplaces/offices;
  3. Trade centers, shopping centers, markets, entertainment places, hotels;
  4. Public places/facilities, including parks and social and cultural centers;
  5. Public transportation facilities.

 

Community Unit COVID-19      Task Forces

 

Their respective Community Units

 

An organizer/manager found to have not conducted SIKM screening at their checkpoint is subject to administrative sanctions in the form of a written warning from Satpol PP. If the violation occurs again, the DPM and PTSP, with a recommendation from Satpol PP, may impose a sanction in the form of revoking their business/activity license.
 

Any person who is found to have entered DKI Jakarta, used public facilities or engaged in public activities without a required SIKM shall be subject to the following measures:
 

  1. Required to complete and submit an SIKM application and CLM through the corona.jakarta/go.id website.
     
  2. If the CLM finds it is not safe for the applicant to travel, that person will be advised to return to their residence/place of origin.
     
  3. Alternatively, Satpol PP and the relevant Community Unit COVID-19 Task Force have the authority to instruct the person to (i) self-isolate in their residence for 14 days or (ii) self-quarantine in a location designated by the Covid-19 Task Force for 14 days, with all expenses covered by the person in question.
     

Transitional Period and Sanctions
 

All SIKM issued prior to the issuance of Governor Reg. 60/2020 remain applicable, provided the holder has completed a CLM as required under the current regulation. Any person who has violated their obligation relating to the information provided in their SIKM and CLM will be subject to criminal sanctions under the applicable provisions of laws and regulations.
 

For clarity, Governor Reg. 60/2020 declares that all SIKM-related policies issued by the provincial level COVID-19 Task Force prior to this regulation are deemed as revoked and inapplicable. (June 30, 2020).
 

SSEK

 

For further information, please contact:

 

Sabrina Christabel M. Tobing, Partner, Soewito Suhardiman Eddymurthy Kardono

sabrinakusumoprojo@ssek.com