The attitude of the DKI DPRD is divided in assessing the proposed revision of the COVID-19 Mitigation Regulation which is currently under discussion. The DPRD leadership admitted that they agreed to pass the revision of the regional regulation. This was stated by the Chairman of the DKI DPRD, Prasetyo Edi Marsudi.
"The DKI Jakarta Provincial DPRD has agreed to strengthen the rules regarding the obedience of all parties in complying with activity restrictions and health protocols," Prasetyo said on Wednesday, July 21.
Prasetyo said, a number of clauses in the rules were added and changed to make them stronger, especially in threatening sanctions for each violation, starting from the top to the bottom.
"This regional regulation revision is an emergency, for the sake of humanity, for health, and for the safety of people's lives," said Prasetyo.
Concurred, Deputy Chairperson of the DKI DPRD Mohamad Taufik that the DPRD would approve the proposed amendment that adds two provisions in dealing with the pandemic. Because, he hopes, the changes to the COVID-19 Regional Regulation can slow down cases in the capital city.
"This is just what we want to discuss. God willing (DPRD) agrees because this is for the benefit of the community, for the benefit of Jakarta in the future, and public health," said Taufik.
Taufik said the document is ready to be discussed by the Regional Regulation Formation Agency (Bapemperda) and is targeted for completion by the end of July.
"Bapemperda DKI DPRD together with related executives will immediately observe and present the results at the Plenary Session, Thursday, July 29, 2020, at 10:00 western Indonesia time," said Taufik on Thursday, July 22.
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However, a number of members of the DKI DPRD expressed their disapproval. A member of the DKI DPRD from the NasDem faction, Wibi Andrino, admitted that he did not agree with the addition of a criminal article for violators of health protocols in Jakarta in the revision of DKI Regional Regulation Number 2 of 2020.
He conveyed this during a discussion meeting on the revision of Regional Regulation Number 2 of 2021 concerning COVID-19 Management at the DKI DPRD Building, Central Jakarta.
According to Wibi, the imposition of criminal articles has been contained in Law Number 6 of 2018 concerning Health Quarantine, such as the one that ensnared Rizieq Shihab in the case of violating health protocols.
"Should we add these spices to our regional regulation? Isn't the Health Quarantine Law enough? Mr. Habib Rizieq, the indictment is also included in the quarantine law," said Wibi.
Wibi views that giving administrative sanctions to individuals and business entities that violate health protocols is sufficient as law enforcement. He said, the approach to dealing with the pandemic that is directly related to the community is better persuasive.
Then, PDIP faction DPRD member Agustina Hermanto or who is familiarly called Tina Toon also rejected the proposal to add criminal sanctions for violating health protocols.
"The criminal approach (in the revision of the regional regulation), I refuse because at this time our conditions are very bad," Tina said on Thursday, July 22.
According to Tina, the addition of criminal sanctions does not have a humanistic nature. This is because some people violate health protocols in order to be able to eat and fulfill their daily needs.
"Our brothers and sisters who do violate also sometimes have stomach problems, because they can't work as usual, they don't get income," he said.
Tina requested that the proposed criminal sanction be reviewed by the DKI DPRD Formation of Regional Regulations (Bapemperda). Because criminal penalties can be a threat to residents who are in trouble due to the pandemic.
"Please review it again. Maybe in the future, fines or social work can be added, such as longer social work for those who don't wear masks," said Tina.
It is known, DKI Jakarta Governor Anies Baswedan wants criminal sanctions for people who violate health protocols during the pandemic in the revised Regional Regulation Number 2 of 2020.
In the draft regional regulation amendment, Anies added two articles between Articles 32 and 33, namely Articles 32A and 32B. This article adds a criminal threat.
He explained, if there are violators who repeat the act of not wearing a mask after being given social and administrative work sanctions, they will be sentenced to a maximum of three months in prison or a maximum fine of Rp500,000.
Furthermore, for business actors such as offices, industry, hotels, transportation, and restaurants who repeat acts of violating health protocols and have received a license revocation, they will be sentenced to a maximum imprisonment of three months or a maximum fine of Rp50,000,000.
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