11 Jun 2020
Covid-19 in Indonesia: Jakarta Administration Lays Legal Groundwork for Reopening of Capital’s Economy

Despite widespread media reports of disagreement between the Jakarta provincial administration and the central government over the pace of reopening of the national capital’s economy, the Jakarta administration has now fallen into line with the center’s focus on restarting full economic activity as quickly as possible. Jakarta’s new policy, which has led to the winding down of the partial lockdown in the capital as part of the transition to the so-called “New Normal,” is set out in Jakarta Gubernatorial Regulation No. 51 of 2020 (Reg. 51/2020).[1]

Reg. 51/2020 establishes specific protocols and requirements for the reopening of the following facilities or sectors:

1. Education facilities;
2. Places of worship;
3. Workplaces;
4. Public places/facilities;
5. Social and cultural activities; and
6. Public transportation.

In this ABNR Legal Update, we will focus our attention on (a) generally applicable requirements; (b) general obligations of employers; (c) general requirements for persons-in-charge of workplaces; and (d) response to confirmed or suspected cases of Covid-19 in the workplace.

A. Generally Applicable Requirements

Reg. 51/2020 encourages all persons in Jakarta Province to practice clean and healthy behaviors and makes the wearing of face coverings compulsory. Anyone infringing the face-covering requirement is subject to a fine of Rp 250,000 or compulsory community service (cleaning of public facilities, plus public shaming by requirement to wear special vest or jacket).

B. General Obligations of Employers

Employers are required to:

• establish a Covid-19 Response Team;
• limit the number of people in the workplace to 50% of its capacity;
• make the necessary adjustments to work days, working hours, shifts and systems;
• require employees to wear face coverings;
• ensure that all workplaces are clean and hygienic through regular cleansing and disinfecting;
• check temperatures of all persons entering the workplace;
• provide hand sanitizer;
• provide handwashing facilities with running water and soap;
• refrain from terminating employees who are self-isolating / self-quarantining;
• take steps to ensure that employees are Covid-19 free before entering the workplace;
• enforce physical distancing of at least 1 meter during every work process;
• avoid work activities that could result in aggregations of people;
• proactively monitor employee health;
• apply Covid-19 prevention protocols in the workplace; and
• adopt and disseminate a Covid-19 integrity pact and prevention protocal.

All of the above requirements are expressly stipulated as constituting part of an employer’s occupational health and safety obligations (keselamatan dan kesehatan kerja (K3)).

Monitoring of compliance will be conducted by the Jakarta Manpower, Transmigration and Energy Agency, assisted as required by officials from other local government agencies, the Police and/or the Indonesian Military (Tentara Nasional Indonesia / TNI)

An employer that fails to comply with any of the above requirements is subject to a written warning or a fine of Rp 25 million.

C. General Requirements for Persons in Charge of Workplaces

A person in charge (PIC) of a workplace is required to:

1. maintain good environmental hygiene and sanitation;
2. ensure proper physical distancing, including in lifts and on stairs;
3. ensure that the temperatures of all persons are checked before entering the workplace;
4. avoid work or activities that could result in aggregations of people;
5. provide facilities to support the practice of clean and healthy behaviors;
6. provide indicator signage and/or explanatory signage on the practice of clean and healthy behaviors;
7. educate and urge people to practice clean and healthy behaviors; and
8. conduct regular internal monitoring on the practice of clean and healthy behaviors.

The requirements in points d, e and f above are expressly stated to form part of an employer’s occupational health and safety obligations (keselamatan dan kesehatan kerja (K3).

D. Response to Confirmed or Suspected Cases of Covid-19 in the Workplace

Should a Potential Asymptomatic Case (Orang Tanpa Gejala, “OTG”), Suspect Case (Orang Dalam Pemantauan, “ODP”), Probable Case (Pasien Dalam Pemantauan, “PDP”), or Confirmed Case (Kasus Positif, “Positive Case”) of Covid-19 be identified in the workplace, the PIC must:

1. promptly report the matter to, and coordinate with, the nearest health center or local government health agency;
2. suspend all activities in the workplace for 24 hours so that deep cleansing may be conducted;
3. all surfaces with which people come into contact must be cleaned using appropriate cleaning agents/disinfectants;
4. all parts of the workplace and its facilities and equipment that may be contaminated must be disinfected;
5. proper circulation of air must be ensured in a contaminated workplace; and
6. the health of employees and members of the public who came into physical contact with a sick person must be checked and they should self-isolate or self-quarantine.

If a Potential Asymptomatic Case (Orang Tanpa Gejala, “OTG”) or Suspect Case (Orang Dalam Pemantauan, “ODP”) is identified in the workplace, the individual concerned must be required to provide a specimen / swab for the purpose of a reverse transcriptase polymerase chain reaction (RT-PCR) test and/or a rapid diagnostic test (RDT).

Should the result of the test be negative, the individual should be instructed to self-isolate / self-quarantine and submit to a second test in accordance with health procedures.

Should the test be positive and/or the individual exhibit symptoms of Covid-19, they should be required to self-isolate/self-quarantine at home or in a place designated for such purpose by the government.

If a Probable Case (Pasien Dalam Pemantauan, “PDP”) is identified in the workplace, the following actions must be taken:

1. the individual concerned must be promptly sent to a designated referral hospital;
2. epidemiological tracing of close contacts must be undertaken and confirmed close contacts must be tested and self-isolate/self-quarantine and work from home.

ABNR Commentary

Despite the Covid-19 curve in Indonesia in general, and Jakarta in particular, showing little sign of flattening any time soon, the full reopening of the national capital now appears imminent, albeit subject to various restrictions so as to prevent the pandemic getting completely out of control. Indeed, according to the latest media reports, the capital’s many malls are set to open their doors once again on 15 June 2020. All this is in tune with what is happening internationally, where there is clearly a general move to reopen economies regardless of what point on the Covid-19 curve they happen to find themselves. Given the disruption caused by lockdowns, this trend is not really surprising, particularly in less-developed nations like Indonesia, where prolonged closures are simply too much to bear both in terms of long-term economic damage and human suffering.

Contact Us

Should you have any queries or require legal advice on how you can best protect your interests during this time of uncertainty, please contact any of the persons below, call us on +6221-2505125, or email us at info@abnrlaw.com.

Mr. Emir Nurmansyah (enurmansyah@abnrlaw.com)

Mr. Nafis Adwani (nadwani@abnrlaw.com)

Mr. Agus Ahadi Deradjat (aderadjat@abnrlaw.com)

[1] Jakarta Gubernatorial Regulation No. 51 of 2020 No. 51 of 2020 on the Implementation of Large Scale Social Restrictions during the Transition Period to a Healthy, Safe and Productive Society (Peraturan Gubernur Daerah Khusus Ibu Kota Jakarta Nomor 51 Tahun 2020tentang Pelaksanaan PSBB pada Masa Transisi Menuju Masyarakat Sehat, Aman, dan Produktif).

This edition of ABNR News and the contents hereof are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained herein. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.