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The relation between PPKM and Law No. 6 of 2018 concerning…
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The relation between PPKM and Law No. 6 of 2018 concerning Health Quarantine

In order to continue handling the spread of Corona Virus Disease 2019 (COVID-19), Instruction of the Minister of Home Affairs Number 01 of 2021 concerning the Enforcement of Activity Limits for Control of the Spread of Corona Virus Disease 2019 (COVID-19) (hereinafter referred to as "INMENDAGRI No. 01/2021”) was issued. INMENDAGRI No. 01/2021 itself is addressed to Governors and Regents/Mayors of DKI Jakarta, West Java, Banten, Central Java, Yogyakarta, East Java, and Bali, where the Governor and Regent/Mayor will regulate the Enforcement of Community Activity Restrictions (hereinafter referred to as “PPKM”) in their respective regions.

 

In INMENDAGRI No. 01/2021, the PPKM includes:

  1. Restrictions on offices are 75% Work From Home (WFH) and 25% Work From Office (WFO);
  2. Online teaching and learning activities;
  3. Sectors related to the basic needs of the community can still operate 100% by regulating operational hours, capacities, and health protocols;
  4. Restaurant activities are in the form of eating on the spot by 25%, however, for delivery/take-out services are still permitted according to restaurant operating hours;
  5. Shopping center/mall operating hours until 19.00 WIB;
  6. Construction activities can operate 100% with the implementation of health protocols; and
  7. Allows the activities on the places of worship with a capacity limit of 50% and implements health protocols.

The previous PPKM’s enforcement took effect from 11th to 25th January 2021, however the PPKM evaluation results still showed that many provinces are in the red zone,. Therefore the PPKM enforcement is extended until 8th February 2021. Basically INMENDAGRI No. 01/2021 itself does not regulate sanctions for violators, however based on information from the Head of the Task Force and based on the Sixth Dictum of INMENDAGRI No. 01/2021, the application of sanctions for violators can be regulated by the respective regional heads.

Law No. 6 of 2018 concerning Health Quarantine (hereinafter referred to as the “Health Quarantine Law”) is a regulation made to make efforts to prevent public health emergencies that are troubling the world. Furthermore, in the Health Quarantine Law there are sanctions imposed for those who do not comply. The imposition of sanctions on every person who commits an offense or does not comply with the contents of the Health Quarantine Law itself states that: “Any person who does not comply with the implementation of Health Quarantine as referred to in Article 9 paragraph (1) and/or obstructs the implementation of Health Quarantine so as to cause a Public Health Emergency will be sentenced to imprisonment of up to 1 (one) year and/or a maximum fine of Rp100,000,000.00 (one hundred million Rupiah).” The content of Article 9 paragraph (1) of the Health Quarantine Law itself regulates the obligation of each person to comply with the implementation of Health Quarantine.

Since the issuance basis of INMENDAGRI No. 01/2021 is the continuation of the Large-Periodic Social Restrictions (hereinafter referred to as “PSBB”) which regulation also refers to the Health Quarantine Law, to fill in the legal vacancy of sanctions implementation on anyone who violates and does not comply with INMENDAGRI No. 01/2021, the governor and regent/mayor of each region in implementing PPKM violation sanctions can also refer to the application of sanctions stipulated in the Health Quarantine Law or with their proxies they can make new regulation regarding the implementation of sanctions for anyone who violates or does not comply with the PPKM regulation stipulated in INMENDAGRI No. 01/2021.

Therefore, if both the governor and the regent/mayor of each region stipulate a clear regulation regarding sanctions for anyone who violates or does not comply with the PPKM regulation, then this matter can prevent a legal vacancy regarding the imposition of sanctions for anyone who violates or does not comply with the PPKM regulation which are stipulated in INMENDAGRI No. 01/2021. There shall be no debate about which regulation to be applied to the violators.

 

 

Suria Nataadmadja & Associates Law Firm

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