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Penalty on the Violation of PSBB in DKI Jakarta

By May 15, 2020 No Comments

Background

On the date of 9 April 2020, the government of DKI Jakarta Province has implemented Large-Scale Social Restriction (“PSBB“) in handling COVID-19 based on Governor of DKI Jakarta Regulation No. 33 of 2020 on Implementation of Large-Scale Social Restrictions in Handling Corona Virus Disease 2019 (COVID-19) in the Special Capital Province of Jakarta (“Pergub 33/2020“). Nevertheless, there are many violations of the PSBB provisions in DKI Jakarta.

To ensure legal certainty and to increase the effectiveness of the implementation of PSBB DKI Jakarta, the Government of DKI Jakarta Province on 30 April 2020 issued the Regulation of Governor of DKI Jakarta No. 41 of 2020 on Imposition of Sanctions over Violations of the Implementation of Large-Scale Social Restrictions in Handling Corona Virus Disease 2019 (COVID-19) in the Special Capital Province of Jakarta (“Pergub 41/2020“).

The impositions of sanctions for violations of the implementation of the PSBB is in accordance with the provisions of Article 27 of Pergub 33/2020 which regulates that violations of the implementation of the PSBB are subject to sanctions in accordance with laws, including criminal sanctions. Pergub 41/2020 regulates sanctions in accordance with the authority of the Regional Government of DKI Jakarta. The sanctions in the provisions of the Pergub 41/2020 are administrative sanctions in the form of written warning, social work in the form of cleaning public facilities by wearing vests, and administrative fines.

Sanctions in PSBB Violations

PSBB violations which become subject to sanctions as regulated in Pergub 41/2020 are violations of following activities:

  1. Limitation of activities outside the house;
  2. Limitation of learning activities in schools and/or educational institutions;
  3. Limitation of work activities in the workplace;
  4. Limitation of religious activities in worship place;
  5. Limitation of activities in public places or public facilities;
  6. Limitation of social cultural activities; and

Limitation of usage of transportation for the movement of people and goods.

The list of sanctions for PSBB violations based on Pergub 41/2020 provisions is as follows:

  1. Failing to carry out the obligation to use masks outside the house in public places or public facilities during the implementation of PSBB is subject to administrative sanctions in the form of written warning, social work in the form of cleaning public facilities by wearing vests, or administrative fines minimum of Rp100,000.00 (one hundred thousand rupiah) and maximum of Rp250,000.00 (two hundred and fifty thousand rupiah).
  2. The person in charge of schools and/or educational institutions who violates the temporary suspension of activities in schools and/or other educational institutions during the implementation of the PSBB period is subject to administrative sanctions in the form of a written warning.
  3. The head of Workplace/office who is not exempted that violates the temporary suspension of work activities at workplace during the implementation of the PSBB are subject to administrative sanctions in the form of temporary suspension of activities in the form of sealing of the office/workplace, and administrative fines minimum of Rp5,000,000.00 (five million rupiah) and maximum of Rp10,000,000.00 (ten million rupiah).Temporary suspension of work activities in the workplace/office is exempted to:
    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 Company participating in the handling of COVID-19 and/or in fulfilling the public basic needs following the arrangements of the relevant ministries and/or the Government of DKI Jakarta;
    4. business person engagingin the sector of:
      a. health;
      b. food material/food/beverage;
      c. energy;
      d. communication and information technology;
      e. finance;
      f. logistics;
      g. hospitality;
      h. construction;
      i. strategic industries;
      j. basic services, public utilities and industry which are determined as national vital objects and certain objects; and/or daily needs.
    5. local and international community organizations engaged in the disaster and/or social sector.
  4. The exempted workplace/office should implement a protocol to prevent the spread of COVID-19 as stipulated in Pergub 33/2020. Head of workplace/office management exempted from temporary suspension of work activities during the implementation of the PSBB who does not fulfill the obligation to implement a protocol to prevent the spread of COVID-19 is subject to administrative sanctions in the form of a written warning and an administrative fine minimum of Rp25,000,000.00 (twenty-five million rupiah) and maximum of Rp50,000,000.00 (fifty million rupiah).
  5. The person in charge of a restaurant that does not carry out its obligations to restrict its service only for take away through online orders and/or with telephone/delivery services and does not apply a protocol to prevent the spread of COVID-19 is subject to administrative sanctions in the form of temporary suspension of activities by sealing of restaurants and administrative fines minimum of Rp5,000,000.00 (five million rupiah) and maximum of Rp10,000,000.00 (ten million rupiah).
  6. The person in charge of the hotel who during the implementation of the PSBB does not carry out the obligation to stop the activities and/or close hotel service facilities that can create a crowd in the hotel area and the implement the protocol to prevent the spread of COVID-19, is subject to administrative sanctions in the form of temporary suspension of activities by sealing hotel service facilities and a fine minimum of Rp25,000,000.00 (twenty five million rupiah) and maximum of Rp50,000,000.00 (fifty million rupiah).
  7. Every head of construction activities that during the implementation of the PSBB who does not conduct the obligation to limit the activities of workers to only be in the project area and implement the protocol to prevent the spread of COVID-19, is subject to administrative sanctions in the form of written warning and administrative fines of minimum of Rp25,000,000.00 (twenty five million rupiah) and maximum of Rp50,000,000.00 (fifty million rupiah). If a violation is still undergoing, the temporary suspension of construction activities could be applied in form of the sealing of the project area.
  8. Any person who violates the prohibition of conducting religious activities in worship place and/or in a certain place during the implementation of the PSBB is subject to administrative sanctions in the form of a written warning.
  9. Any person who violates the prohibition of conducting some activities with more than 5 (five) people in public places or facilities during the implementation of PSBB is subject to administrative sanctions in written warning, social sanctions in the form of cleaning public facilities by wearing a vest, or an administrative fine minimum of Rp100,000.00 (one hundred thousand rupiah) and maximum of Rp250,000.00 (two hundred and fifty thousand rupiah).
  10. Any person or legal entity that violates the suspension of social and cultural activities that is not exempted that causes a crowd during the implementation of the PSBB is subject to sanctions, for violations committed by person, social work sanctions in the form of cleaning public facilities by wearing vests could be applied, and for violations committed by legal entities, an administrative fine minimum of Rp5,000,000.00 (five million rupiah) and maximum of Rp10,000,000.00 (ten million rupiah) could be applied.Temporary suspension of social activities is exempted to:
    1. Circumcision;
    2. Wedding;
    3. Funerals and/or condolence activity which are not caused by COVID-19.

     

  11. Driver of private passenger cars who violates restrictions on the number of people maximum of 50% of vehicle capacity and/or do not use mask in vehicles are subject to sanctions in the form of administrative fines minimum of Rp500,000.00 (five hundred thousand rupiah) and a maximum of Rp1,000,000.00 (one million rupiah), social work in the form of cleaning public facilities by wearing a vest, or towing the cars to vehicle storage facility provided by the Government of DKI Jakarta Province.
  12. Motorcycle driver who violate the provisions of carrying passengers and/or do not use mask are subject to sanctions in the form of an administrative fine minimum of Rp100,000.00 (one hundred thousand rupiah) and maximum of Rp250,000.00 (two hundred and fifty thousand rupiah), social work in the form of cleaning public facilities by wearing a vest, or towing the motorcycle to vehicle storage facility provided by the Government of DKI Jakarta Province. The restriction to carry passenger is exempted if the passenger has the same address as the motorcycle driver as evidenced by a ID Card.
  13. Every motorcycle driver that is used as an application-based motorcycle transportation who violates the provisions of carrying passengers, is subject to sanctions in the form of an administrative fine minimum of Rp100,000.00 (one hundred thousand rupiah) and maximum of Rp250,000.00 (two hundred and fifty thousand rupiah), social work in the form of cleaning public facilities by wearing a vest, or towing the motorcycle to vehicle storage facility provided by the Government of DKI Jakarta Province.
  14. Every person, business person, or legal entities that owns public and/or goods that violates the maximum number of people 50% (fifty percent), does not use mask in their vehicles, and/or limit operating hours according to the regulations of the Government of DKI Jakarta Province and/or related agencies, especially for public vehicles is subject to sanctions in the form of administrative fines minimum of Rp100,000.00 (one hundred thousand rupiah) and maximum of Rp500,000.00 (five hundred thousand rupiah), social work in the form of cleaning public facilities with wearing a vest for violations committed by people, or towing the vehicle to vehicle storage facility provided by the Government of DKI Jakarta Province.

Ghazi Luthfi