COVID-19: Regulations on Large-Scale Social Restrictions Implemented in Indonesia
On 10 April 2020, the city of Jakarta implemented the Regulations on Large-Scale Social Restrictions during COVID-19. Law No. 6 of 2018 on Health Quarantine (“Health Quarantine Law”) requires the government to protect the society from any health risk under a health emergency. The protection shall be provided by the government, which include:
- quarantine, isolation, provision of vaccinations or prophylaxis, reference, disinfection and/or decontamination of persons in accordance with the indications;
- large-scale social restrictions;
- disinfection, decontamination, vector control and/or rat extermination towards modes of transportation and goods; and/or
- healthcare, safeguards and control over environmental media.
In response to the COVID-19 outbreak, the President of Indonesia, Joko Widodo, issued a Presidential Decree No. 11 of 2020 on Stipulation of Public Health Emergency (“Presidential Decree 11/2020”) pursuant to article 10 of the Health Quarantine Law. The Presidential Decree 11/2020 declares COVID-19 as a type of disease which causes Public Health Emergency, and measures shall be taken to overcome Public Health Emergency in accordance with the law and regulations.
Implementing regulations issued for the mitigation of COVID-19 outbreak
Following the Presidential Decree 11/2020, the Government of Indonesia has issued an implementing regulation on the countermeasure of Public Health Emergency as mandated by Article 11 paragraph 3 of Health Quarantine Law(Government Regulation No.21 of 2020 on Large-Scale Social Restriction (“LSSR”) for the Acceleration of Mitigation to COVID-19 “GR 21/2020”).
The GR 21/2020 defines LSSR as limitation on activities of citizens within certain regions which are suspected for having infected by COVID-19 to prevent further spread of the pandemic. The restriction shall be implemented by limiting the movement of individuals and/or goods within a region and may take in the following forms:
- Temporary closure of schools and workplaces
The closures shall take into account the need of the society with the education and work productivity.
- Restriction of religious activates
The restrictions shall take into account the need of the society with the religious activities.
- Restriction of activities at public facilities
The restriction shall take into account the fulfilment of basic needs of the society, which include the access to health service and food supplies.
Under the GR 21/2020, the implementation of LSSR shall also take into account the epidemiology, threat level, the predicted effectiveness of the restrictions, the availability of resources and support, operational technicalities, as well as political, social, cultural, defense and security factors. The implementation of LSSR shall be carried out if:
- the total number of cases and/or deaths caused by the disease has increased and the disease has spread significantly and rapidly throughout some regions; and
- epidemiological link to similar events in other regions or countries.
The regional government cannot directly implement the LSSR as the governor must receive approval from the Minister of Health by requesting and submitting a proposal.
The Minister of Health will then consider the proposal together with the Head of the Task Force for the Acceleration of COVID-19 Mitigation (“COVID-19 Task Force”) prior the stipulation of the LSSR. The Minister of Health may also require the implementation of LSSR by the regional government based on proposal by the Head of COVID-19 Task Force.
Ministry of Health grants several regional government proposals to implement LSSR
On 7 April 2020, the Ministry of Health has approved the proposal submitted by the regional government of Jakarta to implement LSSR. The approval is granted through Decision of Ministry of Health No. HK.01.07/Menkes/239/2020 on Stipulation of Large-Scale Social Restrictions in the Territory of DKI Jakarta Province for the Acceleration of Mitigating Covid-19.
The LSSR is effective for 14 days commencing from 10 April 2020 and shall be extended if necessary. In accordance with Government Regulation 21/2020, the granting of the proposal to implement the restriction is based on the result of epidemiology study and regional preparedness in conducting the restriction. It has also been proven that there are significant and fast increase of COVID-19 within the territory of DKI Jakarta Province. Therefore, it is deemed necessary by the Ministry of Health to grant the proposal and implement the restriction to curb the spread of COVID-19.
As of 13 April 2020, there are a total of 10 regions in Indonesia, which will implement LSSR in accordance with the approval from the Ministry of Health in order to prevent the escalation of COVID-19 outbreak, namely Pekanbaru, Banten area (the Tangerang Regency, Tangerang City and South Tangerang City), Depok City, Bekasi Regency and City, as well as Bogor Regency and City.
This alert is for general information only and is not a substitute for legal advice.