Legal Alert

Overview of the New Normal at Workplace

according to the Recent Circular Letter of
Ministry of Health Number
HK.02.01/MENKES/335/2020 & Circular Letter
Ministry of Industry No. 04 Year 2020

Coronavirus Public Health

Emergency in Indonesia &
Heading to the New Normal
Indonesia’s health system is already under pressure before the pandemic. Ensuring geographical
coverage of health services for 17,508 islands from Sabang to Merauke in Indonesia is arduous.
COVID-19 has caused extra burden to Indonesia’s health system. The Corona Virus Disease 2019
(COVID-19) pandemic has been declared a Public Health Emergency in Presidential Decree No.
11 Year 2020. Furthermore, it stipulates that the COVID-19 Public Health Emergency in Indonesia
must be implemented. Gradually, Indonesia is heading to the new normal even in light of the
Public Health Emergency.

Jakarta introduces large social scale restrictions within the Special Capital Region of Jakarta to
expedite the handling of COVID-19 (“Decree 01/2020”). On June 4, 2020 Anies Baswedan, the
governor of Jakarta introduces principles for the relaxation of restrictions 1 all in the frame of the
new normal at workplace:

1. Unhealthy residents are to remain at home;

2. A limit of 50% capacity for business activity;
3. Always use mask when outdoors;
4. Maintain 1 meter distance between people;
5. Regularly wash hand with soap;
6. Be ethical when coughing/sneezing;
7. Elderly residents, pregnant women and children are prohibited from certain activities,

New Normal at Workplace as inscribed by Ministry of Industry & Ministry of Health

1 Detik Team, Jakarta is Entering Transitional Phase of Large Scale Social Restrictions (Jakarta Masuk Fase Transisi
PSBB)
https://news.detik.com/berita/d-5040130/jakarta-msuk-fase-transisi-psbb-ini-prinsip-prinsip-yang-harus-dipatuhi
(Date of access 04 June 2020).
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In May 2020, the Ministry of Industry issued a Circular Letter Number 4 of 2020 on the
Implementation of Factory Operations in the Coronavirus Disease Public Health Emergency Period
of 2019 (“SE No.4/2020”). The objective of this Circular Letter is twofold: i) to prevent the spread of
COVID-19, and ii) to ensure that industrial activities can resume continuity in order to meet the
needs of society.

Recently in May 2020, the Ministry of Health issued a Circular Letter Number
HK.02.01/MENKES/335/2020 on the Protocol for Prevention of Coronavirus Disease Transmission in
the Workplace Services Sector and Trade (Public Areas) in Support of Business Sustainability (“SE
No. 02.01 Year 2020”). It is meant to augment support and cooperation among cross-sectors,
regional governments, business sector, and all stakeholders in an endeavor to prevent the COVID-19
transmission. Moreover, SE No.02.01 Year 2020 is more detailed in its health protocols compared to
SE No.4/2020, which also contains guidelines for health protocol during the COVID-19 Public Health
Emergency in factory operations. For the purpose of this legal alert, SE No. 02.01 Year 2020 health
protocols will be discussed in the context of New Normal at Workplace in Indonesia. Afterwards,
there will be a comparison with the SE No.4/2020

I. The Circular Letter of Ministry of Health No. 02.01 Year 2020

• Health Protocol for Public Areas

There are detailed conduits for Managers of workplaces/ Business performers in the service and
trade sector (public areas) according to this health protocols are instructed to:
a. Conduct regular cleaning and disinfection in work every 4 hours).
b. Provide adequate hand washing facilities that are easily accessed by workers and consumers/
others.
c. Ensure that the workers understand Clean and Healthy Behavior (PHBS).
d. Checking of body temperature for all workers before starting work and for consumers/ busi
ness persons at the entrance. If workers are found with a temperature of> 37.30C (2 checks
with a distance of 5 minutes), no entry is permitted and asked to conduct a health check.
e. Require that workers and visitors wear masks.
f. Set up information media on provisions of physical distance restrictions.
 Legal Alert

Further physical distancing measures inscribed are:

g. Maintain minimum physical distance of 1 meter:
1) Put up markings at labor-intensive areas to
limit distance between people.
2 ) Limiting the number of workers.
3 ) Seating with a minimum distance of 1 meter.
h. Put an effort to minimise contact with
customers:
i. Preventing crowding of customers:
1) Limiting access.
2 ) Implement a queuing system.
3 ) Putting up sign on the floor.
4) Conduct business online or by phone.
5 ) Establish service hours.

• Health Protocol for Workers

a. Workers who experience COVID-19 symptoms should not to come to work and instead check
themselves to a healthcare facility.
b. Wash hands frequently.
c. Avoid touching face area with hands.
d. Maintain physical distancing of at least 1 meter .
e. Change clothings when at work.
f. Use a mask when leaving and returning from work and while at work.
g. Shower immediately and change clothes before contact with family. Clean items with
disinfecting liquid.
The Circular Letter of Ministry of Industry No. 04 Year 20
• Protocol for industrial company and/ or industrial estate company in running its
business activities:
a. Perform initial screening of body temperature upon entrance.
b. Prohibit unhealthy workers from working. .
c. Workers returning from a country or zone/ city with COVID-19 local transmission in the last
14 (fourteen) days must inform the company and check themselves to hospital if
experiencing COVID-19 symptoms.
 Legal Alert

d. Ensuring that work area(s) have good air circulation and has adequate facilities for washing
hands.
e. Ensuring availability of soap and running water or alcohol-based hand washing as well as
masks, gloves and clothing.
f. Increasing the frequency of routine cleaning for commonly used areas.
g. Limit the number of workers when using public facilities.
h. Providing nutritional supplements and foods for all workers;
i. Prepare guidelines for workers; and
j. Participate in and ‘Clean and Healthy Behavior‘ (PHBS) campaign.
• Protocol for workers:
a. If sick, discontinue work activities and immediately check with company/ government
health service facility;
b. Workers returning from a country or zone/ city with COVID-19 local transmission in the
last 14 (fourteen) days must inform the company and check themselves to hospital if
experiencing COVID-19 symptoms.
In summation, SE No. 02.01 Year 2020 is much more detailed in terms of maintaining health in
epidemiological terms compared to SE 4/2020. These two circular letters should not be viewed as
overlapping or contradictory. In fact, workers and managers of factories/workplaces should pay
heed to both of these circular letters in managing health protocols at their places.

Author: Co-authors:

Farah Purwaningrum Yason Ferdinanta

Deputy Legal Manager Tarigan
of Lawyerindo Counsel of Lawyerindo