In furtherance of Government Regulation No. 21 of 2020 on the Limitation of Large-Scale Social Interactions to Expedite Countermeasures against COVID-19 (March 31, 2020) (“GR 21/2020”), Bogor Regency has implemented Limitations on Large-Scale Social Interactions (Pembatasan Sosial Berskala Besar or “PSBB”), effective April 15 to April 28, 2020, with the hope of slowing the spread of COVID-19.
The introduction of PSBB was deemed necessary following a spike in the number of COVID-19 cases in Bogor Regency and its proximity to DKI Jakarta, the center of the COVID-19 outbreak in Indonesia and which implemented similar social-distancing measures on April 10, 2020. As of the time of this writing, 58 COVID-19 cases have been declared in Bogor Regency.
PSBB in Bogor Regency took effect through the enactment of Regent of Bogor Regulation No. 16 of 2020 regarding the Implementation of PSBB to Handle COVID-19 in Bogor Regency (April 14, 2020) (“Bogor PSBB Reg”).
The PSBB measures implemented in each province and/or regency may differ from one another as GR 21/2020 allows regional governments to enact measures deemed appropriate for their particular circumstances, subject to several minimum mandatory social limitations. This article compares the PSBB enacted in Bogor Regency and the PSBB enacted in DKI Jakarta based on Governor of DKI Jakarta Province Regulation No. 33 of 2020 regarding the Implementation of PSBB to Handle COVID-19 in DKI Jakarta Province (“Jakarta PSBB Reg”)
a. Limitation on Outdoor Activities
Both the Bogor PSBB Reg and Jakarta PSBB Reg (the “Regulations”) define the following scope of outdoor activities: (i) activities at schools and other educational institutions; (ii) activities at workplaces; (iii) religious activities at houses of worship; (iv) activities in public places or facilities; (v) social and cultural activities; and (vi) the movement of people and goods by means of transportation. As a general rule, activities under these categories shall be closed or minimized, subject to several exemptions.
There are differences between the Regulations in terms of the types of activities under each specific category, as follows:
(i) Limitation on Teaching at Schools and Other Educational Institutions
Under the Bogor PSBB Reg, religious educational institutions are also subject to closure, while the Jakarta PSBB Reg does not explicitly stipulate the closure of such institutions. The Regulations provide that educational institutions that remain open are subject to COVID-19 prevention measures including the COVID-19 Prevention Protocol.
(ii) Limitation of Activities at the Workplace
The difference between the Regulations lies in the workplaces exempted from mandatory closure. In addition to the exemptions to workplace closure provided in the Jakarta PSBB Reg, the Bogor PSBB Reg provides the following additional exemptions:
1) Regional institutions providing direct services to society, including disaster relief services, health services, transportation services, garbage disposal services, fire brigade, safety and compliance services, manpower services, food security services, social services, funeral services, and regional financial revenues and expenditure services;
2) Businesses in the field of production of essential commodities, production that requires continuous process subject to obtaining a permit from the Ministry of Industry, oil and gas production, manufacturing of packaging for food, medicines, pharmaceuticals and health equipment, agricultural activities for basic ingredients and holticulture, production of goods for export, production of farming and agricultural goods, and production by micro, small and medium enterprises; and
3) Land utilized for farming, growing plants for consumption, horticulture and fisheries.
In addition to the above, the Bogor PSBB Reg does not contain an exemption for technology companies as provided in the Jakarta PSBB Reg. Any businesses that remain open must implement COVID-19 prevention measures and follow the COVID-19 Prevention Protocol.
The Bogor PSBB Reg provides additional guidelines for industries whereby the management shall minimize activities. This includes the minimum number of employees, activities and operational times.
(iii) Limitation of Religious Activities at Houses of Worship
The Regulations stipulate that during the implementation of PSBB, religious activities shall be conducted at home. During PSBB, individuals in charge of houses of worship must employ COVID-19 prevention measures by limiting access to and maintaining the cleanliness of the houses of worship and educating worshippers to conduct religious activities at home.
(iv) Limitation of Activities in Public Places or Facilities
The Regulations prohibit any gathering of more than five individuals. The Bogor PSBB Reg provides an exemption for activities involving health services, medicine and health equipment, including:
1) Fulfillment of health services at hospitals and all relevant medical institutions;
2) Production and distribution activities, both private and public, such as pharmacies, blood tranfusion units, chemical supply and medical equipment stores, laboratories, clinics, ambulances, and pharmaceutical research laboratories, including veterinary health facilities.
In providing services to the public, the abovementioned facilities must seek guidance on health protocols and the requirements set out under the relevant rules and regulations.
Further, the Bogor PSBB Reg limits the operating hours for providers of retail goods as follows:
1) Traditional markets can open from 4 am to 1 pm;
2) Mini markets can open from 8 am to 6 pm; and
3) Supermarkets can open from 9 am to 6 pm.
The Jakarta PSBB Reg does not provide any elucidation on the operational hours for providers of retail goods. Based on reports from several news outlets, however, supermarkets and other stores in DKI Jakarta have taken the initiative to limit their operational hours.
(v) Limitation on Social and Cultural Activities
During PSBB, the Regulations prohibit all gatherings or meetings related to politics, sports, entertainment, and academic and cultural activities. Additionally, the Bogor PSBB Reg requires all attendees at certain exempted gatherings such as circumcisions in health facilities, weddings at the Religious Affairs Office/Registry Office and funerals to wear masks.
b. Transportation of People and Goods
The Bogor PSBB Reg provides specific transportation categories permitted during PSBB, while the Jakarta PSBB Reg provides that all movements are temporarily suspended except for activities to fulfill primary needs and other permitted activities. The permitted transportation categories in the Bogor PSBB Reg are as follows:
(i) Transport of goods which includes freight trucks for transporting medical, health, and sanitation supplies, primary needs, food and beverages, distribution of money, fuel and gas, and the distribution of industrial materials; freight trucks and buses for the distribution of packages; buses picking up industrial employees; and transportation to support defense and security activities.
(ii) Transport of people which includes private vehicles, public transportation by motorcycle and trains.
The number of people permitted inside private vehicles differs between the Regulations. The Jakarta PSBB Reg provides that private cars may not carry more than 50% of the vehicle’s passenger capacity, while the Bogor PSBB Reg determines the passenger limit by vehicle type. A private sedan with a capacity of four people may only carry three people, while non-sedans with a capacity of more than four people may only carry four people.
The requirements that application-based motorcylces are only allowed to carry goods and public vehicles can carry only 50% of the vehicle’s passenger capacity are the same in both Regulations.
c. Relief for Businesses during PSBB
The Jakarta PSBB Reg provides that incentives for businesses may take the form of reduction of regional tax and retribution, social aid for employees affected by PSBB, and other aid under the applicable laws and regulations. The Bogor PSBB Reg provides that incentives for businesses may take the form of abolishment of administrative sanctions such as interest on late payments or fines for failure to pay hotel taxes, restaurant taxes, entertainment taxes and/or parking taxes.
d. Monitoring, Evaluation and Reporting
The Regulations call for active participation by neighborhoods to monitor and report the implementation of PSBB to local Task Forces.
e. Sanctions and Enforcement of PSBB
On sanctions, the Regulations refer to the applicable laws and regulations. Based on Law No. 6 of 2018 on Health Quarantine (August 7, 2018), every person shall adhere to and participate in the implementation of a health quarantine (e.g., PSBB). Failure to adhere to and participate in the implementation of a health quarantine and/or the obstruction of the quarantine resulting in a public health emergency shall be punishable by imprisonment for a maximum of one year and/or a maximum fine of one hundred million Rupiah.
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