President Joko “Jokowi” Widodo finally declared a public health emergency, one month after the first two cases in the country were confirmed on March 2.

The President issued Government Regulation No. 21/2020 on large-scale social distancing as an implementing regulation of the 2018 Health Quarantine Law to restrict the movement of people and goods within a control zone but he stopped short of allowing regional administrations to close their borders.

What does this mean? Will it be enough to curb the spread of the coronavirus?

There are three other measures besides the large-scale social restrictions stipulated in the Health Quarantine Law, namely home quarantine, hospital quarantine and regional quarantine.

Regional quarantine measures mean border restrictions in specific areas.

Under the public health emergency measures, the central government lets regional administrations make a request to close their borders, but not large-scale areas.

Coordinating Human Development and Culture Minister Muhadjir Effendy said Jokowi told his subordinates on Tuesday that provinces, cities and regencies may only implement large-scale social restrictions, whereas regional quarantines - also known as partial quarantines - were to be imposed only in smaller areas.

Without large-scale regional quarantines in place, provinces and cities cannot close their borders.

Jokowi has also decided not to ban the mudik (mass exodus) on Aidilfitri, although he has advised people not to mudik.

Before declaring a public health emergency, Jokowi had weighed up a declaration of “a civil emergency” as he ordered his Cabinet to impose stricter rules on social distancing to contain the coronavirus.

This raised concerns among experts that a civil emergency status might disrupt the handling of a health crisis since such a status, as stipulated in Government Regulation in lieu of law (Perppu) No. 23/1959, implies a heavy-handed security approach.

Presidential spokesman Fadjroel Rachman said that the civil emergency policies were only anticipatory measures “to prepare for if the situation gets significantly worse.”

Lokataru Legal and Human Rights Foundation executive director Haris Azhar said with the declaration of the public health emergency, health experts and medical workers should be in the forefront in enforcing the measures, not the police.

Government regulation on large-scale social distancing stipulates no legal consequences for violators.

However, Jokowi stressed that the National Police could take legal steps against anyone violating the rules under the large-scale social-distancing measures.

Jakarta Police spokesman Sr Comr Yusri Yunus said people could be charged with a criminal offense if they violated the large-scale social-distancing measures based on Article 93 of the Health Quarantine Law.

The article he referred to states that people who violate a health quarantine face a maximum of one year’s imprisonment and/or a Rp 100 million fine.

Indonesian Legal Aid Institute chairman Asfinawati said with reference to the law, people violating quarantine measures could not be charged with the above sanctions if they caused no harm that might lead to a health emergency.

“If somebody goes out in public but makes no contact with anyone, for example, security personnel can ask the person to go home, but the person cannot be charged under the law, ” she said on Wednesday.

 - ANN