After gradually opening the economy and businesses in Jakarta in early June and “transitioning” into the “new normal” phase, Jakarta Governor Anies Baswedan announced at a press conference on 9 September 2020 that the government will pull the emergency brake on Jakarta. The large scale social restriction (Pembatasan Sosial Berskala Besar or PSBB) policy will be re-imposed starting from 14 September 2020.
The policy, aimed at limiting the movement of Jakarta residents, is similar to what was imposed between April to early June 2020 when the capital city had its first confirmed COVID-19 cases.
The decision to reintroduce PSBB was made as the number of cases in Jakarta continue to rise at an alarming rate. As at 15 September 2020, Jakarta has had close to 57,000 cases, making it the biggest contributor to the nation’s 225,000+ cases. It was also said that if the Jakarta government does not pull the emergency brake now, Jakarta will run out of isolation beds by 17 September 2020 and ICUs will reach full capacity by 15 September 2020.
Following the 9 September 2020 press conference, the Governor issued two regulations to accommodate the re-imposing of the large scale social restriction practices, as follows:
Governor of the Special Capital District of Jakarta Regulation Number 88 of 2020 on the Amendment of Governor Regulation Number 33 of 2020 on the Implementation of the Large Scale Restrictions in Managing Corona Virus Disease 2019 (COVID-19) within the Special Capital District of Jakarta Province stipulated and enacted on 11 September 2020 (“Regulation 88”)
Under Regulation 88, the Jakarta Government imposes stricter rules compared to the transitional phase, although these remain less strict than those imposed between April to June 2020. By re-imposing the PSBB policy, residents of Jakarta are required to work (although certain exceptions to this are made), study and pray at home. Pursuant to Regulation 88, only the following 11 vital business sectors may continue to operate at a maximum of 50% capacity:
- Food and Beverage
- Communication and IT
- Strategic Industry
- Daily Needs
- Basic services, public utility and industries determined as vital objects
Private companies operating in sectors other than those mentioned above and government offices must implement a “work from home” policy and are also allowed to continue to open at a maximum of 25% capacity at the same time. Under the previous policy, offices were allowed to open with a maximum of 50% capacity.
Governor of the Special Capital District of Jakarta Decree Number 959 of 2020 on the Enactment of the Implementation of the Large Scale Restrictions in Managing Corona Virus Disease 2019 (COVID-19) within the Special Capital District of Jakarta Province, stipulated on 11 September 2020 and came into force on 14 September 2020 (“Decree 959”)
In essence, Decree 959 provides that the Jakarta Government will enforce the PSBB policy, starting from 14 September 2020 up to 27 September 2020. If cases continue to increase significantly, the city may consider extending the PSBB to 11 October 2020.
The table below sets out a comparison of the limitations during the transitional phase and the PSBB commencing 14 September 2020:
(4 June 2020 – 13 September 2020)
(starting 14 September 2020)
|Recreational places||Open with 50% capacity – people under 60 years old and children younger than nine years old were prohibited from entering||Closed for public|
|Parks||Open with 50% capacity||Closed for public|
|Integrated child-friendly public space||Closed for public||Closed for public|
|Markets and shopping centers||Open with 50% capacity||Open with 50% capacity|
|Wedding ceremonies||Open with 50% capacity||Weddings can only be held at Religious Affairs Offices (KUA) and Civil Registration Office|
|Sports activities||Permissible by observing conditions under the decree of the Youth and Sports Office||Sports activities can only be done individually near one’s home|
|Schools and education institutions||Closed for public||Closed for public|
|Praying houses||Open with 50% capacity||Open with 50% capacity and only accessible to those living/residing near the praying houses|
|Public facilities||Closed for public||Closed for public – activities involving more than five people are not allowed|
|Odd/even number policy for private cars||Applicable||Not applicable|
|Movement of private vehicles||A maximum of 50% capacity, except for those domiciling at the same address||A maximum of two persons a row, except for those living at the same address|
|Movement of mass public transportation||A maximum of 50% capacity||A maximum of 50% capacity|
|Taxis||A maximum of 50% capacity||A maximum of 50% capacity|
|Rental cars||A maximum of 50% capacity||A maximum of 50% capacity|
|Motorcycle taxi (ojek) – online and offline||Allowed to take passengers||Allowed to take passengers*|
|Exit/Enter Permit (SIKM)||Not applicable||Not applicable|
|Car free day||Was allowed but rescinded||Not allowed|
* As regulated under the Decree of the Head of Special Capital District Jakarta Transportation Office No.156 of 2020 on Technical Guidance on the Implementation of the Large Scale Social Restrictions in the Transportation Sector.
It is hoped that the reapplication of PSBB will result in the slowdown of the spread of the COVID-19 virus in Jakarta while at the same time keeping business afloat during this time of uncertainties.
We will continue to monitor the developments on this policy and how it may potentially affect you and/or your business.
If you have any questions or require any additional information, please contact Agnesya Munita Narang, Anggi Yusari of Roosdiono & Partners (a member of ZICO Law).
This alert is for general information only and is not a substitute for legal advice.