SSEK Legal Consultants Indonesia and Covid-19 Legal Updates As of June 27, 2020 1. Transportation Indonesia and the ‘New Normal’: Latest Transportation Control Regulation – June 27, 2020 DKI Jakarta Regulates Sanctions and Travel Restrictions for Handling COVID-19 – June 2, 2020 Homecoming Postponed by COVID-19: An Overview of Transport Restrictions in Indonesia During Idul Fitri – May 7, 2020 2. Restructuring & Insolvency COVID-19: KPPU and OJK Address Mergers Between Problematic Banks in Indonesia – June 24,2020 Indonesia’s OJK Issues Regulation on Quick Restructuring for Troubled Banks in Wake of COVID- 19 – April 30,2020 3. Industry BKPM Rule Expands the Number of Expats Who Can Apply for Indonesian Work Permits During COVID-19 - June 22, 2020 Indonesia to Accelerate Product Registration for Covid-19 Drugs - April 21, 2020 Update on License for Companies in Indonesia to Operate During Pandemic - April 17, 2020 Indonesia Provides Mechanism for Companies to Operate During Pandemic - April 14, 2020 4. Capital Markets Indonesian Capital Market Update During the Coronavirus Pandemic - March 30, 2020 5. Courts Indonesia Introduces Criminal Court Trials by Teleconference in Response to COVID-19 – April, 27, 2020 6. Employment COVID-19 and the Protection of Highest-Risk Employees in Indonesia - June 16, 2020 The New Normal – Indonesian Health Minister Issues COVID-19 Workplace Guidelines – May 27, 2020 Indonesia Suspends Foreign Manpower Work Permit Applications During Covid-19 Outbreak - April 24, 2020 Indonesian Employment Law and COVID-19 - March 27, 2020 SSEK Legal Consultants 1 7. Force Majeure COVID-19 and Indonesia: Force Majeure and Other Considerations - April 7, 2020 FAQs on Force Majeure in Indonesia - March 26, 2020 8. Government Assistance Indonesian Government to the Rescue: COVID-19 Economic Relief Packages - April 23, 2020 9. Imports COVID-19: Indonesia Issues Regulations for Faster and Easier Import Licensing - May 12, 2020 Indonesian Government Relaxes Licensing Requirements for Medical Devices to Combat COVID- 19 - April 16, 2020 10. Land and Property Indonesian Land Office Regulations and Services During the COVID-19 Pandemic – May 5, 2020 11. Oil & Gas Impact of COVID-19 Pandemic on Indonesian Oil and Gas Upstream Activities – June 9, 2020 12. Shipping Navigating Sea Transportation in Indonesia During COVID-19 - April 8, 2020 SSEK Legal Consultants 2 13. Social Restrictions Jakarta Eases Restrictions as It Transitions from Response to Recovery – June 11,2020 New Normal: Indonesian Trade and Religious Ministries Issue Health Protocols for COVID-19 Pandemic – June 5, 2020 How DKI Jakarta Is Supervising Companies During COVID-19 Restrictions – May 7, 2020 COVID-19 Social Distancing in Indonesia – Jakarta and Bogor Put in Place PSBB – April 29,2020 DKI Jakarta Starts Limiting Large-Scale Social Interactions - April 13, 2020 Indonesia and COVID-19: Government Issues Regulation on Limiting Social Interactions - April 6, 2020 14. Tax Indonesia Targets Taxation of Tech Companies to Boost Economy Amid Covid-19 – May 21, 2020 Indonesia and COVID-19: New Tax Policies Aim to Stimulate Economy - April 9, 2020 15. Technology Electronic Signatures in Indonesia: New Focus on Not-So-New Innovation – 13 May 2020 16. Visas Latest Update on Indonesian Visas in the Time of COVID-19 - May 28, 2020 COVID-19 Legal Update: Foreigners to be required to obtain COVID-19 tests to enter Indonesia – 15 May, 2020 Latest Update on Indonesian Visas in the Time of COVID-19 - April 15, 2020 Update on Indonesian Visas in the Time of COVID-19 - April 2, 2020 Indonesian Visas in the Time of COVID-19 - March 30, 2020 SSEK Legal Consultants 3 Indonesia and the ‘New Normal’: Latest Transportation Control Regulation By Sabrina Christabel M. Tobing As part of the COVID-19 transitional period in Indonesia known as the “new normal,” the Minister of Transportation (“MOT”) has enacted MOT Regulation No. 41 of 2020 regarding the Amendment of MOT Regulation No. 18 regarding Transportation Control for the Purpose of Preventing the Spread of Corona Disease 2019 (“COVID-19”) (“MOT Reg 18/2020, as amended”). This new regulation provides further provisions on controls for (i) land, (ii) sea, (iii) air and (iv) rail transportation. It also contains administrative sanctions for violations. Generally, the MOT prohibits the transportation of passengers who are unhealthy/have a temperature above 38 degrees Celsius, and requires transported goods to be sanitized before and after their arrival. Both regulations stipulate basic obligations during COVID- 19. These obligations include the wearing of face masks by passengers/personnel, the implementation of physical distancing, the periodic disinfection of vehicles, stations, ports, terminals, etc., the provision of handwashing facilities/hand sanitizers, and adequate medical screening at transportation facilities. This article discusses the specific transportation control obligations and administrative sanctions under MOT Reg 18/2020, as amended. Transportation Control for Passengers and Transportation Operators Parties subject to transportation controls are (i) passengers, (ii) operators of transportation facilities for passengers/goods, (iii) operators of transportation infrastructure, (iv) operational managers for the transportation of goods, and (iii) the senders/recipients of goods. In transporting passengers, the MOT requires passengers and operators of transportation facilities to prioritize the online purchase/sale of tickets. If a passenger is found to be unhealthy or has a fever, particularly if they show symptoms consistent with COVID-19, they will be removed from the vehicle/vessel and referred to a health facility for screening. SSEK Legal Consultants 4 For the transportation of goods, the operational manager shall ensure that the vehicle used is equipped with a special sticker to indicate the vehicle is transporting logistical goods. In areas of Indonesia under social distancing restrictions (“PSBB”), controls on the transportation of goods are waived for essential goods such as: Medical, health and sanitation necessities; Primary goods; Food and drinks; Oil/gas fuel; Raw materials for manufacturing and assembling industries; and Necessities for export or import. Operators of transportation facilities must monitor the health of their personnel and require that they report any changes in their health. To maintain the health of personnel, rest areas shall be set aside in transportation facilities. Transportation operators must also take steps to prepare for emergency medical situations when conducting transportation activities. For the transportation of passengers, transportation facilities must provide health posts (with medical personnel) in coordination with a COVID-19 referral hospital. For the transportation of goods, the operators of transportation facilities and operational managers must prepare emergency contacts in all regions along the transportation route to anticipate any emergency situation. Controls for Land, Rail, Sea and Air Transportation 1. Land Transportation Controls In addition to limiting the number of passengers to 50% of the vehicle’s total capacity, operational hours for public motorized vehicles may be limited by an official with the authority to make such decision. For river, lake and water crossing transportation, the operational hours of ports shall be limited and adjusted to ships’ schedules. SSEK Legal Consultants 5 The MOT specifies that buses shall only transport passengers to places that are permitted under the applicable provisions of laws and regulations. In addition, the number of stops a bus is allowed before the destination terminal is limited to one stop, for a maximum of 30 minutes, for distances of less than 500 kilometers. Buses can have additional stops for distances of more than 500 kilometers. In addition to the basic obligations for transportation activities during COVID-19, motorbikes used for either personal or public transportation are permitted to carry passengers only if they comply with specific health protocols, which include only carrying out activities that are permitted during PSBB. 2. Rail Transportation Controls Intercity trains (except for luxury trains), urban trains, local trains, prambanan express trains, and airport rail links shall limit the number of passengers to 50% of the train’s total number of seats. Physical distancing must be implemented in accordance with the seating configuration and no standing passengers are allowed. 3. Sea Transportation Controls Passenger ships, including those carrying economy-class passengers and pioneer transport ships that serve the public interest, shall limit the number of passengers to 50% of the ship’s total capacity of seats or beds and implement physical distancing. Ships are permitted to transport goods and materials needed for the handling and prevention of COVID-19, as well as materials for primary needs and essential goods. A passenger ship can transport cargo under the following conditions: There is a shortage of cargo ships in a PSBB area necessitating the use of a passenger ship to transport goods. Passenger ship is used to transport goods/materials for the handling and prevention of COVID-19, or materials for primary needs or essential goods. The transportation of cargo on a passenger ship shall take into account the safety and capabilities of the ship. SSEK Legal Consultants 6 Port operations are permitted as follows: Activities such as ship operation, stevedoring, cargodoring and