DKI JAKARTA GOVERNOR REGULATION ON SANCTIONS ON VIOLATIONS OF LARGE SCALE SOCIAL RESTRICTIONS IN HANDLING OF COVID-19 IN DKI JAKARTA

regulation, pandemic

DKI Jakarta Governor Anies Baswedan issued Governor Regulation number 41 of 2020 on Sanctions on Violations of Large Scale Social Restrictions in Handling Covid-19 in DKI Jakarta Province.

The purpose of the issuance of the Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions is:

a)    improve public compliance with physical distancing, social distancing, and the application of the protocol for the prevention of the spread of Coronavirus Disease 2019 (COVID-19);

b)    provide legal certainty of the imposition of sanctions in the implementation of Large Scale Social Restrictions; and

c)    optimize the implementation of Large Scale Social Restrictions in suppressing the spread of Coronavirus Disease 2019 (COVID-19).

SANCTIONS OF VIOLATION OF LARGE SCALE SOCIAL RESTRICTIONS

Restrictions on Activities outside the Home

Article 4 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Any person who does not carry out the obligation to use masks outside the home in public places or public facilities during the implementation of Large Scale Social Restrictions is subject to sanctions:

a. written administrative warning;

b. community service in the form of cleaning public facilities by wearing vests; or

c. administrative fines amounting to a minimum of Rp 100,000 (one hundred thousand) and a maximum of Rp 250,000 (two hundred and fifty thousand rupiah). "

Article 4 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers and may be accompanied by the Police."

Restrictions on Learning in Schools and/or Educational Institutions

Article 5 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every person in charge of a school and/or educational institution that violates the temporary suspension of activities at school and/or other educational institutions during the implementation of Large Scale Social Restrictions is subject to administrative sanctions in the form of a written warning. "

Article 5 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers and may be accompanied by the Police."

Restrictions on Work Activities in the Workplace

Article 6 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every workplace management at the workplace/office that is not excluded who violates the temporary suspension of work activities at the workplace during the implementation of Large Scale Social Restrictions is subject to administrative sanctions in the form of: a. temporary suspension of activities in the form of sealing of offices/workplaces; and b. administrative fines amounting to a minimum of Rp 5,000,000 (five million rupiah) and a maximum of Rp 10,000,000 (ten million rupiah). "

Article 6 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In case a workplace/office that is excluded from the temporary suspension of work activities at the workplace during the implementation of Large Scale Social Restrictions, does not fulfil the obligation to implement the protocol for the prevention of the spread of Coronavirus Disease 2019 (COVID-19), the workplace management is subject to administrative sanctions in the form of written warning and fines administrative amounting to a minimum of Rp. 25,000,000.00 (twenty-five million rupiah) and a maximum of Rp. 50,000,000 (fifty million rupiah). "

Article 6 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The administrative sanctions referred to in paragraph (1) and paragraph (2) shall be carried out by the Manpower, Transmigration and Energy Services with assistance from the relevant Regional Apparatus."

Article 6 paragraph (4) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sealing of the office/workplace as referred to in paragraph (1) is valid until the end of Large Scale Social Restrictions."

Restrictions on Restaurants/Similar Business Activities

Article 7 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every person in charge of a restaurant/similar business that during the implementation of Large Scale Social Restrictions does not carry out the following obligations:

a. to limit services to take-away, through online ordering and/or by telephone/delivery services; and

b. to implement the protocol for the prevention of the spread of Coronavirus Disease 2019 (COVID-19),

is subject to administrative sanctions, temporary suspension of activities in the form of sealing the restaurants/similar businesses and administrative fines amounting to a minimum of Rp 5,000,000 (five million rupiah) and a maximum of Rp 10,000,000 (ten million rupiah). "

Article 7 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The administrative sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers with assistance from the relevant Regional Apparatus."

Restrictions on Hotel Activities

Article 8 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every person in charge of a hotel who during the implementation of Large Scale Social Restrictions does not carry out obligations:

a. to exclude activities and/or close hotel facilities that can create a crowd in the hotel area; and

b. to implement of the protocol for the prevention of the spread of Coronavirus Disease 2019 (COVID-19), is subject to administrative sanctions, temporary suspension of activities in the form of sealing the hotel facilities and fines amounting to a minimum of Rp.25,000,000.00 (twenty-five million rupiah) and a maximum of Rp.50,000,000.00 (fifty million rupiah). "

Article 8 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The administrative sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers with assistance from the relevant Regional Apparatus."

Article 8 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sealing of hotel facilities as referred to in paragraph (1) is valid until the end of Large Scale Social Restrictions."

Restrictions on Construction Activities

Article 9 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every workplace management in construction activities that during the implementation of Large Scale Social Restrictions does not carry out the obligation to limit the activities of workers to only be in the project area and to implement of the protocol for the prevention of the spread of Coronavirus Disease 2019 (COVID-19), is subject to administrative sanctions in the form of:

a. written warning and administrative fines amounting to a minimum of Rp. 25,000,000.00 (twenty-five million rupiah) and a maximum of Rp. 50,000,000.00 (fifty million rupiah); and

b. if the violation is still committed, a temporary suspension of construction activities will be imposed, in the form of sealing the project area. "

Article 9 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Manpower, Transmigration and Energy Services with assistance from the relevant Regional Apparatus."

Article 9 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sealing of the project area as referred to in paragraph (1) letter b shall be valid until the end of Large Scale Social Restrictions."

Restrictions on Religious Activities in Placesof Worship

Article 10 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Everyone who violates the prohibition of conducting religious activities in places of worship and/or in certain places during the implementation of Large Scale Social Restrictions is subject to administrative sanctions in the form of a written warning."

Article 10 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers and may be accompanied by the Police."

Restrictions on Activities in Public Places or Public Facilities

Article 11 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Any person who violates the prohibition of carrying out activities with more than 5 (five) people in public places or facilities during the implementation of Large Scale Social Restrictions is subject to sanctions:

a. written administrative warning;

b. community service in the form of cleaning public facilities by wearing vests; or

c. administrative fines amounting to a minimum of Rp 100,000 (one hundred thousand) and a maximum of Rp 250,000 (two hundred and fifty thousand rupiah). "

Article 11 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers and may be accompanied by the Police."

Restrictions on Social and Cultural Activities

Article 12 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Any person or legal entity that violates the temporary suspension of social and cultural activities that are not excluded that causes a crowd during the implementation of Large Scale Social Restrictions is subject to sanctions:

a. community service in the form of cleaning public facilities by wearing vests for violations committed by people; and

b. administrative fines amounting to a minimum of Rp 5,000,000 (five million rupiah) and a maximum of Rp 10,000,000 (ten million rupiah) for violations committed by legal entities. ”

Article 12 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In addition to the imposition of administrative fines, persons in charge/legal entities that violate the provisions referred to in paragraph (1) are subject to sanctions in the form of revocation of business licenses by the Investment and One Stop Service Office."

Article 12 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers with the assistance of relevant Regional Apparatus."

Restrictions on the Use of Transport for the Movement of People and Goods

For Car Drivers

Article 13 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every private passenger car driver who violates the restrictions on the maximum number of people of 50% (fifty per cent) of vehicle capacity and/or does not use masks in the vehicle is subject to sanctions:

a. administrative fines amounting to a minimum of Rp.500,000.00 (five hundred thousand rupiah) and a maximum of Rp1,000,000.00 (one million rupiah);

b. community service in the form of cleaning public facilities by wearing vests; or

c. towing to a vehicle impound facility provided by the Provincial Government of DKI Jakarta. "

Article 13 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) shall be carried out by the Public Order Enforcers with assistance from the Transportation Services and the Police."

Article 13 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The vehicle impound facility as referred to in paragraph (1) letter c may be located in the Village office or the Sub-District office."

Article 13 paragraph (4) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In carrying out the towing, the Public Order Enforcers are not responsible for the completeness and wholeness of the private passenger vehicle and its contents."

Article 13 paragraph (5) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"After towing the vehicle, the Public Order Enforcers deliver a written notification to the owner/driver of the private passenger car to retrieve his vehicle within 1 x 24 (one time twenty-four) hours."

Article 13 paragraph (6) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In the event that after written notice as referred to in paragraph (5), the owner/driver of the vehicle does not retrieve the private passenger car within 3 (three) days, the vehicle will be moved to the Transportation Services vehicle impound facility, the process of which is carried out in accordance with the provisions of laws and regulations."

For Motorcycle Drivers

Article 14 paragraph (1) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every motorcycle driver who violates the provisions on carrying passengers and/or does not wear masks, is subject to sanctions:

 a. administrative fines amounting to a minimum of Rp 100,000 (one hundred thousand rupiah) and a maximum of Rp 250,000 (two hundred and fifty thousand rupiah);

b. community service in the form of cleaning public facilities by wearing vests; or

c. towing to a vehicle impound facility provided by the Provincial Government of DKI Jakarta. "

Article 14 paragraph (2) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Every motorcycle driver who violates the provisions on carrying passengers and/or does not wear masks, is subject to sanctions:

a. administrative fines amounting to a minimum of Rp 100,000 (one hundred thousand rupiah) and a maximum of Rp 250,000 (two hundred and fifty thousand rupiah);

b. community service in the form of cleaning public facilities by wearing vests; or

c.  towing to a vehicle impound facility provided by the Provincial Government of DKI Jakarta. "

Article 14 paragraph (3) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"Excluded from the provisions referred to in paragraph (1), if a passenger has the same address/residence as the motorcycle driver as evidenced by a National Identity Card (KTP)."

Article 14 paragraph (4) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The sanctions referred to in paragraph (1) and paragraph (2) shall be carried out by the Public Order Enforcers with assistance from the Transportation Services and the Police."

Article 14 paragraph (5) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The vehicle impound facility as referred to in paragraph (1) letter c and paragraph (2) letter c may be located at the Village office or the Sub-District office."

Article 14 paragraph (6) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In carrying out the towing, the Public Order Enforcers is not responsible for the completeness and wholeness of the motorcycle and its contents."

Article 14 paragraph (7) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"After towing the vehicle, the Public Order Enforcers give a written notification to the owner/driver of the motorcycle to retrieve his vehicle within 1 x 24 (one time twenty-four) hours."

Article 14 paragraph (8) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"In the event that after written notice as referred to in paragraph (7), the owner/driver of the motorcycle does not retrieve the motorcycle within 3 (three) days, the vehicle will be moved to the Transportation Services vehicle impound facility, the process of which is carried out in accordance with the provisions of laws and regulations."

Criminal sanctions

Article 17) of Governor Regulation on Sanctions on Violations of Large Scale Social Restrictions

"The imposition of criminal sanctions for violations of the implementation of Large Scale Social Restrictions is carried out by the Police in accordance with the provisions of laws and regulations."

The governor regulation was signed on April 30, 2020.

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