Saturday, May 23, 2020

SUMMARY GOVERNMENT MUST INSTROPECT & CONSISTENT VERSUS MIX IN ONE SIDE ALLOWS BUT ON OTHER SIDE PROHIBITS RELAXATION LARGE SCALE SOCIAL DISTANCING

One of Writers Blog was requesting Summary 
"Quote" 
Dear Agung,
Interesting paper about the Covid infection in Jakarta.
Can you give me a summary, because the paper is so long that I cannot make it to the end of it.
Thank you,
.......
 "Unquote" 

For English readers who requires a summary about the Writer's  Article  concerning GOVERNMENT MUST INSTROPECT & CONSISTENT VERSUS MIX IN ONE SIDE ALLOWS BUT ON OTHER SIDE PROHIBITS RELAXATION PSBB -LARGE SCALE SOCIAL DISTANCING 
in  his  Indonesian Bahasa BLOG


The Writer  would like to make a Brief Summary  as follows  :

Actually the Writer of this Blog  was trying to convert the Presentation of the Governor of Jakarta in the Indonesian Lawyers Club (ILC) Discussion at TV ONE Channel with the Theme #ILC Lebaran a la Corona held on Tuesday Night 19th Mei 2020 to be come sort of a transcript in order to make a written record which could be shared to the Readers of  the Writers Blog SNAPSHOT ARTIKEL HUKUM BISNIS AgsS - SaCo- Agungss. 

That was the reason that the Transcript of the Presentation of the Governor of Jakarta is so long.

However, before the Writer inserts such Transcript of long Presentation of the Governor of Jakarta, the Writer shall firsly makes a  Brief Analysis of Perception upon the Governor DKI Presentation.

Thus the Content contains 2 Parts :
  1. First Part is The Writer Brief Analysis of Percepction  upon such Governor Presentation 
  2. Second Part was  the Converted  Written Governor of Jakarta Presentation at ILC 19 Mei 2020 Discusion  - from Oral Presentation  to be converted in Writing by the Writer.   
BRIEF SUMMARY 

As an Independent Business Lawyer,  the Writer of this Blog is really  concern  upon  the Outbreak and spreading of the Pandemic -19  in the world particular in Jakarta as the Capital City of Indonesia, where the Writer lives.  

INCONSISTENCIES  BY SEVERAL GOVERMENT OFFICIALS 
There seems to be  several inconsistencies in making statements by several Ministers of Central Government, concerning how the Jakarta Resident must behave to   handle reducing the spreading of the Pandemic COVID -19 in Jakarta,  which is the Epicentrum of Workers from outside of Jakarta, which includes JAGODETABEK (Jakarta Bogor Depok Tanggerang Bekasi), surrounding Jakarta.

Such Inconsistencies in making  Mixed and contradictory Messages to the Jakarta Residents, whereby in one Side Allowing the Jakarta Residents for Relaxation of the Large Scale Social Distance ("PSBB"), but at the same time,  on the other side Prohibits  Relaxation of the PSBB to the Jakarta Residents. 
These  results major confusion and frustration to the Jakarta Residents, how to behave,   especially to the Medical Doctors and Nurses in Jakarta Hospitals, who had for more than 2 (two)Months from March 2020, treating the Covid-19 Patients,  as well as Patients who are under control and monitored, in several appointed Hospitals in Jakarta, where many of them had died and passsed away around 55 Medical Staffs; 
These Medical Staffs cannot meet their families,  to avoid transmiting  Covid 19. 
Some of the Inconsistence Statements is relating to the tradition of the Workers in Jakarta,  going  back to their original village outside of Jakarta,  where  the President,  made  a difference meaning between "Pulang Kampung" (Go Home to their Village)  and "Mudik" (going back to their original place during the Idul Fitri - Lebaran) during  an interview with Najwa Shihab,  on a Television Show, one day before President declared  Large Scale Social Distancing (PSBB). 
The President explained there could be un-employed workers staying  in one small room with several other person in Jakarta, which could be vunerable for transmiting Covid-19. That is why it is more proper for such person to go  back to his original Kampung, in such condition. The Writer see a good point from said President explanation.   

Before the above interview,  many Jakarta Residents who were laid off  by their Employer in their Place of Work, in  reality had  already gone back to their original Village", because they are no longer employed, due to the Pandemic - 19, causing no  money to pay their rental room payments  in Jakarta.
Such movements of Workers going back to their original Village are  usually  named "Mudik lebih dahulu" or "go back to their original Village/Kampung  earlier".    
The requirement of not going MUDIK, made by several  Government  Officers were made through  oral "Suggestion Statements" (ANJURAN)  and not in the form or Rulings. 
However in reality since there are no " Written Rulings Restriction" issued by the Government. prohibing the MUDIK , this had  caused  confusion to the Officers at  the Point of Exit from Jakarta to outside Jakarta,   either in the Train Station, as well as in the "Exit Point of Toll Road", how to handle such non written Suggestions Statements or ANJURAN. 
The above Officers had  no Legal Ground  in form of Written Legal Rulings to do "Enforcement" of such Suggestions Statements.
Later when the Prohibition not allowed  to "Go Mudik" was issued by the Minister of Transportation through a Ministerial Decree, there were exceptions, for certain Essential Workers, such as Energy, Food Logisitic, from Government Institutions, and from Private Sectors,. 

These exceptions creates  certain "Loop Holes" for Verification Validity of  the Documents required to be completed, for instance, for person  who claimed working  in Private Sectors, how can, we check whether such Private Company really exists ? 

  • Do we have to check in detail about the Legality Documents of such Private Company ? 
  • Does the Officers in the Airport have time to check all such Legal Corporation Valid Documents, including whether such passenger really works in such Private Company ? 
  • Thus, any person in the private Sectors, can manipulate their data.  

On the first day it was applied, we could watch Huge Crowd of passengers queeing to complete the adminstratiom verification, without following Social Distancing in   Terminal 2 Soekarno Hatta.

It appears that the Airport Officcers were not prepared handling such Huge Crowd of passengers  

The Photos of such Crowd Passengers Queeing  showed  "no honour of Social Distancing" in Terminal 2 Soeta - Hatta International Airport.                
MOTTO :  WHATEVER INDONESIA or Indonesia ?? Terserah or "Whatever" was shown Viral in the Social  Media  conducted by Doctors who are tired due  of  ignorence from the Government Inconsistancies Statements as Well as from the People who had established "Potential New Clusters" such as shown in Terminal 2 Soeta - Hatta Airport.       
There was also different  statements concerning  the issue that under  age of  45  are allowed to work during the Pandemic-19, whereby the Head of the State Owned Company addressed that workers with the age  below 45 are to start  working on 25 Mei 2020. 

However, one of the other Coordination Ministers within the Cabinetstates there are no such ruling. 
    
So we can observe that  Several Inconsitencies Statements made by the Ministers within the Central Government,  resulting new huge Tight Gathering of People "not honouring Social Distance" such as shown in Terminal 2 Soeta - Hatta Airport, which can potentialy create New Cluster of Transmiting Covid -19, resulted Protests by the Medicla Doctors by wearing  Outfits showing  : Motto : Whatever Indonesia….or Indonesia ?? Terserah - Whatever.  
This of course is really an "UNHEALTHY  SITUATION". 

This is why the Governor of Jakarta Anies Bawesdan emphasized in his Presentation for the Government to make "INSTROPECTIONS" and to "NOT  Making Mixing Statements" on one side allowing relaxation of Large Scale Social Distancing (PSBB), but on the other side prohibits relaxation of PSBB.

The Governor of Jakarta, says that before the PSBB was approved to be regulated by the Minister of Health on 10 April 2020, the Governor of Jakarta,  in  the middle of March 2020 which was  on 15 March 2020, had already made  policies and persuasions for the Jakarta Residents to Stay at Home, Close the Schools (Learn from Home), close the Public Park

This was named by he Governor of Jakarta as the FIRST PHASE  OF LIMITATION - or CLOSING of Schools, Public Parks, Regulating certain Jakarta Public Transportation to prevent the spreading of the Covid 19 in Jakarta. 

As we all know The President of the Republic of Indonesia,  Mr. Jokowi Widodo, had instructed  that any Lock Down or Large Scale Social Distancing, "can only"  be issued by the Central Goverment.

THE GOVERNOR OF JAKARTA IS RESPONSIBLE FOR THE  HEALTH  SAFETYNESS OF ALL JAKARTA RESIDENTS 
"The Governor of Jakarta clearly states that it is the Governor of Jakarta,   who is responsible to protect the health safetyness of all Jakarta Residents."   
 The Governor of  DKI said  that he involved the Team from the Faculty of Public Health University of Indonesia (Fakultas Kesehatan Masyarakat Universitas Indonesia -             "FKMUI TEAM")  chaired by Dr. PanduRiono.

This  FKMUI TEAM develops Graphic Charts showing the activities movements of the Jakarta Residents, either
  1. (i)    Staying at Home or           
  2. (ii)  doing activities movements outside their Homes

This method was used through Smart Hand Phone of the Jakarta Residents  being monitored by the FKMUI TEAM.

The Writer of this Blog,  understands that the data in making the Graphic / charts was also compiling  data from the Medical Doctors team who issued the sickness condition of the Patient declared :  
(i)  positive or (ii)  during under control or (iii)  under monitoring      
The Governor of DKI  divides the Stage of the Spreading of Covid - 19 into First Stage 15 March 2020 where Graphics shows R4 meaning 1 person can transmit to 4 person.

Thus to measure  the transmission of Covid -19, if R is 4,  it means 1 person is potential to transmit to 4 person.

If  it  is below R1 the possibility to transmit to other person is minimal or none.

If it is above R the person has the potential to transmit to other person.

If  it is R3 it means 1 person is potential to transmit to 3 person.

Graphics shown by the Governor of  DKI, which was established by the FKMUI TEAM,  shows :
5th  March 2020 R4,   1st Mei 2020 1,08
4th Mei 2020 (1,8)  5th Mei  2020 (1,8)   Until 17th Mei 2020 1,11
This means that the Reproduction Number in Jakarta is "already stable"  in the month of Mei 2020.
However during the Fasting Month, the number shows increasing, because the Jakarta Residents   shows activitive movements  of Jakarta Residents  in the morning until noon  "staying at home", but in the afternoon they conduct activie movements outside their  houses.

The Graphics shows that 60 % (Sixty Percent) of the Jakarta Residents "Stayed at Home"  during  from 15 March 2020 until 17 Mei 2020.         
  

The Governor of Jakarta said that the President informed that  the first Jakarta Resident  to be declared Positif was  on 2nd of March 2020. 

The PSBS from the Minister of Health was  applied by the Governor of Jakarta on the 10th of  April 2020.


But since the Governor of Jakarta had requested the Jakarta Residents to Stay at Home, Work From Home,  Learn From Home for Students, and Closed Public Park among other Anchol Beach, Taman Mini, this results the Graphic of the Reproduction Number  "had  gone down  from the Figure R4 to R 1,11.

The Governor Of Jakarta said that not only the Jakarta Residents should be aware of the spreading of  this Covid -19, but also the Government must make "Instropection" and  to be "Consistent" by "not  sending wrong messages" by "mixing" on one side to allow relaxation of the Large Scale Social Distancing,  but at the same time simultaniously,  on the other side prohibits relaxation.of such PSBB.

The Large Scale Social Distansicing was extended by the Governor of Jakarta for 2 (Two) More Weeks from 22 Mei 2020 until 4 June 2020.

The Governor of Jakarta Emphasized : 

These 2 (Two) Weeks or 14 Days Period is "REALLY  VERY  IMPORTANT", because  if  all the Jakarta Residents choose to Stay at Home and not choose  Relaxing by going and making activities movements outside Home,  in order to establish the "NEW  NORMAL" in Jakarta starting from the 5th of  June 2020, where Jakarta  Residents  can go outside of their Home,  but still have to follow the Protocol Procedure from The TASK FORCE  by Social Distancing, Wearing Maskers, Washing Hands.

 Thus,  these  really depends to the Jakarta Residents  to  choose between  these 2 (TWO) Options
  • (i) Staying At Home during the Extension of the PSBB or 
  • (ii) start Relaxing by going out and making movements activities ou of the House.
The Governor of Jakarta,  was also requesting  the Other Government Officers to be "IN HARMONY" with the Governor of Jakarta target to stablelize  or  decrease the Reproduction Number of the Covid 19.
Since Jakarta is the Capital City of  Indonesia, where it is the Central of  Business and  Financial District and the Places of  of the Central Government,  it is REALY VERY IMPORTANT  to reached this target to lower the Curve of Transmition which is already stable  showing the number of R 1,11 on 17th  Mei 2020,

PROHIBITNG MUDIK - GOING BACK TO THEIR ORIGINAL VILLAGE OR COMING TO JAKARTA.

The Governor of Jakarta was also Emphasising that during these 2 (Two) weeks or 14 (Fourteen) Days  Extension of the PSBB (Large Scale Social Distancing) Jakarta Resident is to "Stay at Home", and that  no Jakarta Residents are allowed to go out for Mudik or Going back to their Village, except for the Essential Working Sectors such as Energy, Medical, food, and other certain Essential Sectors which are regulated by the Fast Preventation Task Force Covid 19.

SUGGESTIONS or ANJURAN  FROM MINISTERS ARE NOT ENOUGH -  "RULES MUST BE MADE".

The Governor of Jakarta,  "Emphasized" that relating to this Mudik, it is not enough to issue Anjuran or Suggestion by the Minister level for Jakarta Residents to not going back to their Original Place /Village or City outside of Jakarta, but "MUST BE BASED" on "RULES",  because it will create confusion to the Officers in the Field, since if  that there are no any LEGAL GROUND   for making any enforcement  to  not allowing or allowing  to leave Jakarta. 
The Governor of Jakarta says that The Provincial Jakarta Government,  always Issued Rules concerning these important issues,  so that the Officers in the Field such as in the Airports can simply check by Scanning, since the Jakarta had already established Website https://corona.jakarta.go.id/id
The person who are allowed to travel can down load a  ready form from the Website, the destination to go,  what work sector  is the person going.
There will be a QR Code,  so that the Officers  in the Field can simply Scan for the validity of the Documents.
If its valid they can go;  But if not Valid such person has to return back home.
So there is already "established coordinations" between the Provincial Jakarta Authorities and the Military and Policy Officers,  as regulated by the Jakarta Provincial Government as well to be in consistence with the Health Protocol Covid 19 Rules.     
The Governor of  Jakarta emphasized that :
JAKARTA are also "CLOSED  for this YEAR  from the people who elected to go back to their Original City, as well as People who had taken their  Mudik to come back to Jakarta,  in order to avoid spreading transmiting Covid 19.
This was emphasized by the Governor of Jakarta in his Presentation,  since all the Jakarta Residents had worked hard  for 2 Months by staying at home to prevent spreading  Covid - 19.   

Well, the Writer of this blog feels the above Brief Summary is sufficient  for the Readers Speaking English to get  a glance  brief picture of the Governor of Jakarta's Presentation  on 19th of  Mei 2020 at the Indonesian Lawyers Club (("ILC") Discussion  chaired by Mr. Karni Ilyas from TV ONE Channnel.

Jakarta, 23 March 2020 edited 23 March 2020 at 8.20 AM
Agung Supomo Suleiman  
Independent Writer - Non Particant          

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