Presidential Decree No. 11 Year 2020 on Stipulation of Public Health Emergencies for Corona Virus Disease 2019 ( Covid-19) and Government Regulation No. 21 Year 2020 on Large-Scale Social Limits to Accelerate the Management of Corona Virus Disease 2019 (Covid-19)

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Background

Corona Virus Disease 2019 (Covid-19) has been declared by the World Health Organization (WHO) as a pandemic. Indonesia has also declared Covid-19 as a non-natural disaster as disease outbreaks that must be taken as a response to prevent an increase in cases. As the efforts of prevention the Government carried out the implementation of health quarantine as stipulated in Law No. 6 Year 2018 on Health Quarantine. To manage Covid-19, the Government has enacted 3 related regulations as a form of response to the pandemic namely Presidential Decree No. 11 Year 2020 on Stipulation of Public Health Emergencies for Corona Virus Disease 2019 ( Covid-19) ("Presidential Decree No. 11/2020"), Government Regulation No. 21 Year 2020 on Large-Scale Social Limits to Accelerate the Management of Corona Virus Disease 2019 (Covid-19) ("PP No. 21/2020") and Government Regulation in Lieu of Law No. 1 Year 2020 on State Financial Policy and Stability of Financial Systems for the Management of Corona Virus Disease 2019 (Covid-19) and/or Encounter the Threat to National Economy and/or Stability of Financial Systems ("Perpu No. 1/2020").

Presidential Decree No. 11/2020 and PP No. 21/2020 were promulgated as the basis for the implementation of regional interaction limitation conducted by the Regional Government.

Public Health Emergencies of Covid-19

Presidential Decree No. 11/2020 stipulates Covid-19 as type of disease that causes public health emergency, which is mandatory to be conducted countermeasures according to prevailing law and regulations. This Presidential decree is issued based on consideration of the remarkable spread of Covid-19 with the increasing number of cases and/or the number of deaths and impacted on the political, economic, social, cultural, national defense and security aspects, as well as citizen in Indonesia.

Large-Scale Social Limits

Large-Scale Social Limits are restrictions on certain activities of residents in an area suspected of being infected with Covid-19 in such a way as to prevent the possibility of spreading Covid-19.

By considering epidemiological conditions, the size of threats, the effectiveness of restrictions, support for resources, operational technical, political, economic, social, cultural, defense and security considerations, Regional Government may implement Large-Scale Social Limits or restrictions on the movement of people and goods to one province or certain regencies/cities. This limitation shall first be approved by the Minister of Health and the implementation by Regional Government shall subject to the provisions in Law No. 6 Year 2018 on Health Quarantine.

Criteria for Large-Scale Social Limits:

  1. The number of cases and/or number of deaths due to disease increased and spread significantly and quickly to several regions; and
  2. There are epidemiological links with similar events in other regions or countries.

Large-Scale Social Limits include at least:

  1. Absent of schools and workplaces;
  2. Limitation of religious activities; and/or
  3. Limitation of activities in public places or facilities.

These restrictions are implemented with due regard to the educational and worship needs of the residents, work productivity and also the fulfillment of the basic needs of the residents such as health services, food needs and other daily living needs.

Enforcement of Large-Scale Social Limits proposed by the governor/district head/mayor to the Minister of Health and the Minister of Health, by taking into account the considerations of the Chair of the Task Force for the Acceleration of Management of Virus Disease 2019 (Covid-19), can determine the region to conduct Large-Scale Social Limits. The Chair of the Task Force for the Acceleration of Management of Virus Disease 2019 (Covid-19) can also propose to the Minister of Health to establish Large-Scale Social Limits in certain areas and if the proposal is approved by the Minister of Health, the Regional Government of the said area must implement a Large-Scale Social Limits.


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