Requirements for Business Operators Continuing to Deliver Goods Using Land Transportation during Transportation Control Period
“All business operators who are still operating need to prepare themselves to complete all the requirements stipulated in Permenhub 25/2020 and Circular Letter of Task Force for the Acceleration of COVID-19 Handling in using land transportation.”
In order to accelerate the handling and control of the spread of Corona Virus Disease-2019 (COVID-19) the Ministry of Transportation of the Republic of Indonesia issued Ministerial Regulation No. 25 of 2020 Regarding Transportation Control During the Eid Al-Fitr Mudik Period of 1441 Hijri in the Context of Preventing the Spread of Corona Virus Disease 2019 (COVID- 19) (“Ministry of Transportation Regulation 25/2020”).
Referring to Article 1 paragraph (1) of the Permenhub 25/2020, the Government essentially imposes a temporary prohibition on the use of transportation facilities especially those used for travel by people. The types of transportation facilities which are temporarily prohibited from being used are:
- Land transportation;
- Railway transportation;
- Sea transportation; and
- Air transportation.
Furthermore, this temporary prohibition was applied from 24 April 2020 to 31 May 2020 which can be extended to prevent the spread of COVID-19.
On this occasion this article will focus on aspects of the prohibition of using land transportation.
This land transportation control is intended for land transportation facilities directing to enter and/or exit the following regions:
- Areas that impose large-scale social restrictions;
- Red zone region of COVID-19 spread;
- Cluster of regions that have been designated as a large-scale social limitation area.
Referring to Article 3 of the Minister of Transportation Regulation 25/2020, this prohibition applies to the following land transportation:
- general motor vehicles particularly bus and passenger vehicle categories;
- individual motorized vehicles particularly passenger vehicle, bus automobiles and motorcycles;
- port crossing transport vessels; and
- river and lake transportation vessels.
Therefore, with the enactment of Permenhub 25/2020, practically mobilizing people for homecoming cannot be done. However, there are exceptions for mobilization of goods and/or people with the provisions stipulated in Permenhub 25/2020 and Circular Letter for Task Force for the Acceleration of Covid-19 Handling Number 4 Year 2020 (“SE GTPPC 4/2020”).
Permitted Use of Land TransportationReferring to Article 5 paragraph (1) in conjunction with (2) Permenhub 25/2020 which states motorized vehicles and crossing vessels that are still allowed to operate are as follows:
- Vehicle of the leader of the Republic of Indonesia high institution;
- Operational official vehicles with the official Motorized Vehicle Number (TNKB), the Indonesian National Army, and the Indonesian National Police;
- Toll road officer operational service vehicles;
- Fire engines, ambulances and hearses; and
- Freight vehicles that do not carry passengers;
- Logistical or staple goods transport vehicles;
- Vehicles for transporting medicines and medical devices;
- Transport vehicles for government operational officers and officers for preventing the spread of corona virus disease 2019 (COVID-19).
Requirements that must be Complied when Traveling on Land
Related to the mobilization of people and goods, the Task Force for the Acceleration of COVID-19 Handling has issued Circular Letter No. 4 of 2020 regarding the exclusion of travel prohibition criteria, the conditions that must be met are as follows:
- Showing a letter of assignment signed by the Board of Directors or Head of Office;
- Showing negative results of COVID-19 based on Polymerase Chain Reaction (PCR) Test/Rapid Test or health certificate from the health department/hospital/puskesmas (community health center)/health clinic;
- Showing identity (KTP or other identification);
- Report the itinerary (departure schedule, schedule at the assignment area, and return time)
Sanctions for Temporary Violations of Use of Land Transportation
Imposition of sanctions for violations of the provisions of Permenhub 25/2020 is carried out in stages with the following details:
- vehicles that will leave and/or enter the area referred to in the description above dated April 24, 2020 to May 7, 2020 are directed to return to the origin of departure; and
- vehicles that will leave and/or enter the area as described above on May 8, 2020 to May 31, 2020 are directed to return to the origin of the departure and be subject to sanctions in accordance with statutory provisions.
Furthermore, the sanctions referred to in point 2 above are sanctions as stipulated in Law Number 6 Year 2018 on Health Quarantine, which starts from reprimand, imposing a maximum fine of IDR 100,000,000 (one hundred million Rupiah) to the maximum imprisonment of 1 (one) year.
Business operators who continue to deliver goods in order to prepare both supporting facilities and infrastructure so that they continue to carry out shipments of goods must avoid the imposition of sanctions given the current non-conducive business climate, these sanctions can burden business operators in conducting their business.
Author: Muhammad Iqra BilmarufIf your company needs legal assistance to make the right decision, please contact us via firstname.lastname@example.org or 082112341235.