This Is The Criminal Article For DKI Jakarta PSBB Offenders
JAKARTA - The implementation of the Large-Scale Social Restrictions (PSBB) regulation is getting stricter. Fines were imposed on violators. In fact, criminal charges can also be applied if they are not cooperative.
The imposition of criminal sanctions is the final step on the part of the police. Because, those who have the authority to impose sanctions are officials from the Provincial Government (pemprov).
Head of Public Relations of Polda Metro Jaya Kombes Yusri Yunus explained how to impose criminal sanctions on offenders. First, the action of officers from the DKI provincial government who refers to the DKI Governor Regulation (Pergub) Number 41 of 2020 concerning the imposition of sanctions for violators of PSBB rules.
So, if the offender is not cooperative, then the police will intervene by imposing criminal sanctions. The offenders will later be charged under Article 93 of Law Number 6 of 2018 concerning Health Quarantine or Article 212 or Article 214 of the Criminal Code related to fighting officers.
"So if he (the offender) fights the officer, does not heed what the officer said, he violently opposes then we can apply law number 6 of 2018," said Yusri in Jakarta, Wednesday, May 13.
That way, the public is expected to be able to obey the rules that have been issued by the Governor as a firm step to prevent the spread of COVID-19.
"The sanction is to issue Satpol PP. The police only assist the other side," concluded Yusri.
The DKI Provincial Government will implement the PSBB from April 10 to May 22, after an extension. Meanwhile, yesterday, Monday, May 11, DKI Jakarta Governor Anies Baswedan signed DKI Governor Regulation (Pergub) Number 41 of 2020. This Pergub contains sanctions for violators of PSBB rules.
In the DKI Governor Regulation 41/2020, sanctions are divided into three forms of restrictions, namely activities outside the home, implementation of learning at educational institutions, activities at work, religious activities in houses of worship, activities in public places, and socio-cultural activities.
The following are details of the sanctions obtained when violating this PSBB policy:
1. MasksThe Pergub states that every person who does not carry out the obligation to use a mask outside the home or public facilities during the implementation of the PSBB is subject to various sanctions.
The sanctions range from administrative written reprimands, social work in the form of cleaning public facilities wearing a vest, or administrative fines ranging from Rp. 100,000 to Rp. 250 thousand.
2. Learning violationsEvery person in charge of schools and educational institutions who violates the temporary suspension of learning activities at the location during the implementation of the PSBB will be subject to administrative sanctions in the form of a written warning.
3. Violation of working activitiesEvery office manager who is not exempted from being prohibited from operating but violates the temporary suspension of work activities in the workplace during the implementation of the PSBB will be subject to administrative sanctions. The sanctions are in the form of temporary office sealing and administrative fines ranging from Rp. 5 million to Rp. 10 million.
For workplaces that are exempted from a temporary suspension of work activities in the workplace but do not carry out the obligation to implement health protocols, the leadership may be subject to administrative sanctions in the form of a written warning and administrative fines ranging from IDR 25 million to IDR 50 million.
Then, every person in charge of a restaurant or restaurant that does not carry out operational obligations according to the PSBB regulations will be given administrative fines ranging from Rp. 5 million to Rp. 10 million. Obligations that cannot be violated are in the form of restricting services only for direct take-home and delivery services, as well as implementing protocols for preventing the spread of COVID-19.
Then, every person in charge of the hotel who does not carry out operational obligations according to the PSBB rules will be given administrative fines ranging from Rp. 5 million to Rp. 10 million. Obligations that cannot be violated include closing hotel service facilities that can create crowds and implementing COVID-19 prevention protocols.
Furthermore, leaders of construction workplaces who do not carry out operational obligations according to PSBB regulations are given administrative fines ranging from Rp. 5 million to Rp. 10 million. If they still commit violations, they will be subject to temporary suspension of construction activities, in the form of sealing in the project area.
4. Violation of religious activitiesAnyone who violates the prohibition of carrying out religious activities in houses of worship and / or in certain places during the implementation of the PSBB will be subject to administrative sanctions in the form of a written warning.
5. Violation in public facilitiesEvery person who violates the prohibition of carrying out activities with a number of more than five people in public places or facilities during the implementation of the PSBB is subject to sanctions. The sanctions include written warning, cleaning public facilities by wearing a vest, or administrative fines ranging from IDR 100,000 to IDR 250,000.
6. Social and cultural activitiesAny person or legal entity who violates the temporary suspension of social and cultural activities that are not exempt that creates a crowd of people during the implementation of the PSBB will be subject to sanctions.
Sanctions include written warning, cleaning public facilities by wearing a vest, or administrative fines ranging from Rp. 5 million to Rp. 10 million.
7. Transportation use violationsEvery driver of a private passenger car who violates the limitation on the number of people to a maximum of 50 percent of the vehicle capacity and does not use a mask in the vehicle will be subject to sanctions.
Sanctions in the form of administrative fines ranging from Rp. 500 thousand to Rp. Rp1 million, social work in the form of cleaning public facilities by wearing vests, or towing vehicles.
Then, every motorbike driver, both individual and application-based ojek (ojol) driver who violates the provisions of carrying passengers and does not wear a mask, is subject to sanctions in the form of administrative fines ranging from Rp. 250 thousand to Rp. 500 thousand, cleaning public facilities by wearing a vest, or towing action. vehicle.
Then, every person, business actor, or owner of a Motor Vehicle that transports people and goods that violates the limit on the maximum number of people, does not use a mask in the vehicle, and does not follow the operating hour restrictions will be subject to sanctions in the form of administrative fines ranging from IDR 100,000 to IDR 500,000 public facilities by wearing vests, or towing vehicles.
Furthermore, the imposition of criminal sanctions for violations of the implementation of the PSBB is carried out by the police in accordance with the provisions of laws and regulations.