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PSBB/ Large-Scale Social Restriction during COVID-19 Pandemic

(Information translated into English based on Jakarta Legal Aid Institute Information on COVID-19)

The Central Government of Indonesia and the Regional Government of DKI Jakarta have taken one of the options for Health Quarantine Action, namely by setting the policy “Large-Scale Social Restrictions (PSBB)” in full as of April 10, 2020. The policy is in addition to being able to prevent the potential spread of the virus COVID-19, will also have implications for the limitations in the lives of citizens, especially residents who live in the Jakarta area, including for refugee communities living in Jakarta Area

Do you have any specific or follow up questions on how the PSBB/ Large-Scale Social Restriction may affect refugee communities in Indonesia? 

Send it in the comment section below, or ask us through one of our social media (Facebook or Instagram).

What is PSBB/ Large-Scale Social Restriction?

PSBB is a limitation of certain activities of residents in an area suspected of being infected with a disease and/or contaminated in such a way as to prevent the possibility of spreading the disease or contamination. It is part of the Public Health Emergency response.

What are the obligations of citizens in the status of the PSBB?

  • Every citizen / resident must:
  • Implementing Clean and Healthy Behavior (PHBS);
  • Use a mask outside the home
  • Participate, comply with and implement all restrictions on the scope of the PSBB that have been determined by the Central Government of Indonesia and the Regional Government of DKI Jakarta

In terms of handling Corona Virus Disease (COVID-19), every citizen/resident must:

  • follow the testing and examination of samples for Corona Virus Disease (COVID-19) in epidemiological investigations (contact tracing) if it has been determined for inspection by officers;
  • carry out independent isolation at the shelter and/or shelter and care at the hospital according to the recommendations of health workers;
  • report to health personnel if themselves and/or their families are exposed to Corona Virus Disease (COVID-19).
  1. What kind of activities scopes are restricted during PSBB?

Several activities are limited through PSBB policy especially in the DKI Jakarta area, which includes:

  • Implementation of learning in schools and/or other educational institutions

Teaching and learning activities directly at school/campus / other educational institutions are stopped and replaced by learning at home/residence respectively through distance learning methods.

The educational institutions referred to and subject to restrictions include all types of levels of schools, institutions of higher education, training institutions, research institutions, training institutions, and similar institutions.

  • Work activities in the workplace

Work activities in the office/workplace are temporarily stopped but replaced with work activities at home/residence.

  • Religious activities in houses of worship

Religious activities at places of worship or certain places are temporarily stopped. During termination, religious activities are carried out in the homes of their respective residents. However, for time-marking activities such as the call to prayer, bells, and/or other time markers carried out as usual.

  • Activities in public places or facilities

Residents are prohibited from carrying out activities with more than 5 (five) people in public places or facilities. Managers of public places or facilities are obliged to temporarily close public places or facilities for residents’ activities during the implementation of PSBB.

  • Social and cultural activities

During the implementation of the PSBB, a temporary halt to social and cultural activities that caused a crowd. The socio-cultural activities that are prohibited, include activities with a theme/background: politics; sports; entertainment; academics; and culture.

  • Movement of people and goods using modes of transportation.

During the implementation of the PSBB, all activities of movement of people and/or goods are suspended, except for the fulfillment of basic needs, and activities that are permitted during the PSBB.

Special exceptions to certain activities during the PSBB

From each of the 6 (six) scope of the restricted activities, some activities are exempt from social restrictions, in which these activities can still be carried out by residents but with certain terms and conditions.

  • Exclusion of restrictions on activities within the scope of education

Activities that can still be carried out with certain terms and conditions in the scope of education include, Activities in educational institutions, training, research related to health services.

However, efforts to prevent the spread of Corona Virus Disease (COVID19) in these excluded educational institutions must be done, by cleaning and disinfecting the institution’s facilities and infrastructure, and implementing protocols to prevent the spread of Corona Virus Disease (COVID-19) for educators and other education personnel. at the institution.

  • Exclusion of restrictions on activities within the scope of work/business activities

Office activities/activities will continue as usual with the condition that there is a protocol to prevent the transmission of the COVID-19 virus, which includes offices in the following sectors:

    1. all government offices/agencies, both national and regional, based on arrangements from relevant ministries;
    2. Representative offices of foreign countries and/or international organizations in carrying out diplomatic and consular functions and other functions in accordance with international law;
    3. State / Regional-Owned Enterprises that participate in handling Corona Virus Disease (COVID-19) and/or in meeting the basic needs of the community following the arrangements of the relevant ministries and/or the Provincial Government of DKI Jakarta;
    4. business actors engaged in the sector:
      • health;
      • food / food / beverage;
      • energy;
      • communication and information technology;
      • finance;
      • logistics;
      • hospitality;
      • construction;
      • strategic industry;
      • basic services, public and industrial utilities determined as national vital objects and certain objects;
      • daily needs.
    5. Local and international community organizations engaged in the disaster and/or social sector.

Although still employing workers in the office/work environment in a public health emergency situation due to COVID-19, the workplace leader in the excluded employment sector category as mentioned above must carry out:

    • restrictions on interactions in work activities;
    • limitation of every person who has comorbidities and/or conditions that can be fatal if exposed to Corona Virus Disease (COVID-19) to carry out activities at work, including:
      1. sufferers of high blood pressure;
      2. people with heart disease;
      3. diabetics;
      4. sufferers of lung disease;
      5. cancer sufferers;
      6. pregnant women; and
      7. age of more than 60 (sixty) years.
    • implementation of the Corona Virus Disease (COVID-19) spread prevention protocol at work, including:
      1. ensure the workplace is always clean and hygienic;
      2. have operational cooperation in health protection and prevention of Corona Virus Disease (COVID-19) with the nearest health service facility for emergency measures;
      3. providing vaccines, vitamins, and additional nutrients to improve worker immunity;
      4. conduct regular disinfection on the floor, walls and building equipment of the workplace;
      5. detect and monitor the body temperature of employees who enter the workplace and ensure that employees who work at work are not experiencing body temperature above normal or sick;
      6. requires washing hands with soap and/or hand sanitizers, including providing adequate and easy-to-access hand washing facilities at the workplace;
      7. keep the distance between employees (physical distancing) at least in the range of 1 (one) meter;
      8. disseminating information and suggesting/urging the prevention of Corona Virus Disease (COVID-19) to be disseminated at strategic locations in the workplace; and
      9. in the event that an employee at work is found to be a patient under surveillance, then:
      10. work activities at work must be stopped at least 14 (fourteen) working days;
      11. medical staff are assisted by a security unit to evacuate and spray disinfectants on all worksites, facilities, and equipment; and
      12. temporary suspension is carried out until the process of evacuating and spraying disinfectants, as well as conducting health checks and isolation of workers who have made physical contact with workers exposed to Corona Virus Disease (COVID-19) have been completed.

Exception restrictions within the Work Environment in the Food Supply Sector

Whereas for companies/business units/work units conducting business activities in the provision of food and beverages, the person in charge of a restaurant/similar business has the obligation to:

    1. limit services to take-away directly, through online ordering, and/or by telephone/delivery service;
    2. keep the queue standing and sitting at least 1 (one) meter between customers;
    3. apply the principle of food sanitation in the process of handling food following the provisions;
    4. provide assistive devices such as gloves and/or food tongs to minimize direct contact with ready meals in the preparation, processing and serving process;
    5. ensure the adequacy of the heating process in food processing according to standards;
    6. cleaning work areas, facilities, and equipment, especially those that have a surface that is in direct contact with food;
    7. provide handwashing with soap for customers and employees;
    8. prohibit the work of employees who are sick or show body temperature above normal, cough, runny nose, diarrhea and shortness of breath; and
    9. requires that food handlers use gloves, head masks, and work clothes following occupational safety and health guidelines.

There is also exception for restrictions on activities within the scope of Hospitality (hotels) sector and Construction sector, but length purposes, it will not be included in this post.

  • Exclusion of restrictions on activities within the scope of public places and facilities

Activities that can still be carried out in the PSBB status in the scope of public places and facilities, as long as these activities are carried out in order to:

    1. fulfill basic needs and/or daily needs; and
    2. do sports activities independently.

The fulfillment of basic needs includes the provision, processing, distribution and/or delivery activities: food/beverage; energy; communication and information technology; financial, banking and payment systems; and/or logistics

Whereas the fulfillment of daily needs includes: the provision of retail goods in people’s markets, supermarkets, mini-markets, supermarkets, hypermarkets, grocery stores and specialty shops both on their own and in shopping centers; or grocery stores/stalls, and consumption of laundry services.

In carrying out this business activity, business actors must follow the terms of activity restrictions by:

    1. prioritizing online and/or long-distance ordering of goods with delivery service facilities;
    2. help maintain economic stability and the purchasing power of consumers of goods by not increasing the price of goods;
    3. carry out regular disinfection of business premises;
    4. detect and monitor the body temperature of employees and consumers who enter the market/store and ensure that employees who work are not experiencing a mild fever or illness;
    5. apply distance restrictions between consumers (physical distancing) who come to the market/store at least in the range of 1 (one) meter;
    6. require every employee to wear work clothes following occupational safety and health guidelines, and carry out handwashing recommendations with soap and/or hand sanitizers including providing adequate and easily accessible handwashing facilities to consumers and employees.

As for independent sports activities, it can still be done by residents in a PSBB situation, but on condition that it is done independently and not in groups and is carried out in a limited area around the house.

  • Exclusion of restrictions on activities in the socio-cultural scope

Socio-cultural activities that can still be carried out but with certain special conditions in the PSBB situation include:

  • circumcision;
  • wedding; and
  • funerals and/or death taxis not due to Corona Virus Disease (COVID-19).

For the implementation of circumcision, performed with the following conditions:

  1. performed in health care facilities;
  2. attended by limited circles;
  3. exclude celebratory events that invite crowds; and
  4. keep the distance between the parties present (physical distancing) at least in the range of 1 (one) meter.

While in the case of the implementation of the wedding ceremony, carried out with the following conditions:

  1. conducted at the KUA and/or the Civil Registry Office;
  2. attended by limited circles;
  3. exclude wedding receptions that invite crowds; and
  4. keep the distance between the parties present (physical distancing) at least in the range of 1 (one) meter.

For the implementation of funeral which is not due to Corona Virus Disease (COVID-19), can be done with the following conditions:

  1. carried out in a funeral home;
  2. attended by limited circles; and
  3. keep the distance between the parties present (physical distancing) at least in the range of 1 (one) meter.
  • Exclusion of restrictions on activities within the scope of mobility-transportation

Mobility activities using the mode of transportation can be carried out in a PSBB situation, as long as it is carried out in order to:

  • fulfillment of basic needs;
  • activities that are permitted during the implementation of the PSBB.

Can you still travel within the city during PSBB?

Basically, residents can still travel around using the mode of transportation in the PSBB status as far as in order to fulfill their basic needs and conduct activities that are permitted during the implementation of the PSBB status.

The vehicles that are permitted to be used as modes of transportation in PSBB situations include private motorized vehicles; public transportation by public motor vehicles; and railroad transportation.

Even so, there are conditions that must be met by residents in traveling while still in PSBB status:

If you use a private car:

  1. used only to fulfill basic needs and/or other activities that are allowed during PSBB;
  2. disinfect vehicles after use;
  3. wearing a mask in the vehicle;
  4. limit the number of people to a maximum of 50% (fifty percent) of vehicle capacity; and
  5. Do not drive if you are experiencing body temperature above normal or sick.

If you use a private motorcycle:

  1. used only to fulfill basic needs and/or other activities that are allowed during PSBB;
  2. disinfecting vehicles and attributes after they are used,
  3. wearing a mask and gloves; and
  4. Do not drive if you are experiencing body temperature above normal or sick.

If you are using public transportation with public motor vehicles, rail transport and/or modes of transportation of goods are required to:

  1. limit the number of people to a maximum of 50% (fifty percent) of transportation capacity;
  2. limit the operating hours according to the regulations of the DKI Jakarta Provincial Government and/or related agencies;
  3. periodically disinfect the transportation modes used;
  4. detecting and monitoring the body temperature of officers and passengers entering the mode of transportation;
  5. ensure officers and passengers in transportation modes are not experiencing body temperature above normal or sick; and
  6. keep the distance between passengers (physical distancing) at least in the range of 1 (one) meter.

Whereas if you use application-based two-wheeled transportation is limited to use only for transportation of goods

What is your right as a resident impacted by PSBB?

During the implementation of the PSBB, EVERY RESIDENT / POPULATION IN THE PROVINCE OF DKI JAKARTA HAS THE SAME RIGHT to:

  1. receive treatment and services from the DKI Jakarta Provincial Government;
  2. get basic health services according to medical needs;
  3. obtain public data and information about Corona Virus Disease (COVID-19);
  4. ease of access in making complaints about Corona Virus Disease (COVID-19);
  5. corona Virus Disease (COVID-19) and/or suspected Corona Virus Disease (COVID-19) corpse service.

What are basic needs fulfillment that supported by the government during PSBB?

The basic needs of citizens (especially for those vulnerable to being affected by the COVID-19 pandemic outbreak) are met by the Government in the PSBB situation.

If we are referring to the provisions of Article 7, Article 8, and Article 15 paragraph 2 letter b of Law No. 6 of 2018 concerning Health Quarantine (“Health Quarantine Law 2018”), states that every person has the right to obtain basic health services according to medical needs, food needs, and other daily life needs.

But in the context of DKI Jakarta, the provision of these basic needs is provided by the Government to residents in the form of basic need supplies and/or other direct assistance whose distribution mechanism is following statutory provisions.

For the determination of recipients of social assistance, it will be stipulated in a Governor Decree.

Is there any incentives for worker or entrepreneur that affected by the COVID-19 pandemic during PSBB

The Provincial Government of DKI Jakarta can provide incentives to business actors who are affected by the implementation of the PSBB.

This incentive is given in the form of:

  1. reduction of taxes and levies for businesses;
  2. the provision of social assistance to employees affected by the implementation of the PSBB;
  3. other assistance in accordance with statutory provisions.

Can residents and communities participate in the supervision of PSBB implementation?

Residents / communities (whether individual, RT, or RW officials) can be involved in participating in monitoring the implementation of the PSBB.

Monitoring of PSBB implementation is reported through the channel for handling public complaints owned by the Provincial Government of DKI Jakarta (there are 14 complaint channels), which include: JAKI Application (Jakarta Now), Twitter @DKIJakarta, Facebook DKI Jakarta, Email dki@jakarta.go.id , DKI Jakarta Governor’s social media account, DKI Jakarta Provincial Government Website, QLUE Application, Village Office, District Office, Mayor Office, LAPOR 1708, City Hall Hall, to SMS 08111272206.

What can be done if the residents right are not fulfilled/violated during PSBB?

If the residents do not get their rights or their rights are violated during the status of the PSBB, while those rights have been guaranteed by the provisions of the applicable legal regulations, residents can make a complaint mechanism to one or all complaints channels (out of 14 complaint channels) owned by the Provincial Government of DKI Jakarta.

Besides, residents can also make complaints based on reports of alleged maladministration to the Indonesian Ombudsman, violations of human rights to the National Commission on Human Rights, violations of workers’ normative rights to the Jakarta Provincial Manpower Office, and others.

Or residents can also file a complaint report to the Jakarta Legal Aid Institute if they feel other rights have been violated during the PSBB conditions by telephone: +6285954634051, or email: konsultation@bantuanhukum.or.id

What are the legal consequences of the violation of PSBB implementation?

If there are residents of DKI Jakarta, groups, or corporations/companies who violate the implementation of the PSBB, they may be subject to sanctions in accordance with the provisions of the legislation, including criminal sanctions that are in the provisions of Article 93 jo. Article 9 paragraph 1 of Law No. 6 of 2018 concerning Health Quarantine, which states:

Article 9 paragraph 1 of the Health Quarantine Law 2018: Every person is obliged to comply with the implementation of Health Quarantine

Article 93 of the Health Quarantine Law 2018:

Every person who does not comply with the implementation of Health Quarantine as referred to in Article 9 paragraph (1) and/or obstructs the operation of Health Quarantine so as to cause a Public Health Emergency is sentenced to a maximum of 1 (one) year imprisonment and/or a maximum fine of Rp. 100,000,000.00 (one hundred million rupiahs).

 

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