TEMPO.CO, Jakarta - The Greater Jakarta Ombudsman said the plan of the Jakarta administration under Anies Baswedan to draft a technical rule regarding sanctions against the Large-Scale Social Restriction or PSBB could confuse law enforcers.
“Ombudsman is aware of the complexity of the sanction rule in Gubernatorial Decree No. 33/2020 which refers to the law on health quarantine and infectious disease,” said Teguh P. Nugroho, the head of the Greater Jakarta Ombudsman.
He opined this could confuse law enforcers because if the sanction referred to both laws, it will be criminal sanctions.
“Persuasive acts practiced by law enforcers during the first phase of PSBB is the most logical option because it is impossible to prosecute so many people with one-year imprisonment or fines up to Rp100 million just because they do not wear face masks or unaware of the social distancing orders,” Teguh explained.
For the enforcement of PSBB phase 2, Anies Baswedan issued a Gubernatorial Regulation No. 41/2020 on the imposition of sanctions against the strict physical distancing as a containment measure of the Covid-19 pandemic, starting from administrative sanctions, fines of up to Rp250,000, and social works.
Teguh said the policy was substantial, yet the Ombudsman demanded the city administration harmonize the provisions of sanctions with the Law No. 21/2011. “So only a regional regulation or Perda that can note sanction at a regional level. With the policy, Jakarta can still penalize companies having an operating permit from the Industry Ministry because Perda is a law, unlike a ministerial decree,” he underlined.
Therefore, the Greater Jakarta Ombudsman asked the city administration to immediately coordinate with the regional Legislative Council (DPRD) to convert Pergub No. 41/2020 into a regional regulation. With the spirit of the common good, the Ombudsman believed the council would grant fast approval on the matter.