State Responsibility for Public Housing Ownership After the Constitutional Court Decision: Tapera

Authors

  • Laurenzia Luna Universitas Pelita Harapan
  • Joshua Nathan Sutedja Universitas Pelita Harapan
  • Matthew Frederick Universitas Pelita Harapan
  • Omar Dimitry Hoek Universitas Pelita Harapan

DOI:

https://doi.org/10.38035/jlph.v6i1.2689

Keywords:

right to housing, Constitutional Court Decision, administrative law, Public Housing, international law

Abstract

The difficulty faced by low-income communities in obtaining adequate housing remains a major challenge for social policy in Indonesia. The Tapera program, intended to support housing finance, has sparked controversy as its mandatory contribution scheme has proven ineffective based on empirical data. The recent Constitutional Court decision abolishing mandatory participation has brought significant changes to the design of national housing policy. Through normative legal research employing statutory, judicial, and international comparative approaches, this study finds that the state remains constitutionally obligated to guarantee the right to housing for low-income citizens. The Tapera policy must be transformed into a more equitable, transparent, and participatory system in line with the principles of social justice and international legal standards.

References

Tenggara Strategics. (2024). Analysis of Tapera policy and its impact on low-income workers. Jakarta: Tenggara Strategics Research Report.

Margaretha, V. (2024). Unraveling the impact of Tapera policy on Indonesian society: A legal and social study. Milthree Law Journal, 1(1), 93–118.

People's Housing Savings Management Agency (BP Tapera). (2025, September). BP Tapera respects the Constitutional Court's decision, ensures services continue to run.

DetikFinance. (October 2025). UMP is just a number: 109 million workers are paid below the minimum wage.

DetikNews. (2025, June). What is Tapera? Learn about the rules and contribution amounts.

Hukumonline. (June 2024). Analyst: Tapera policy risks eliminating jobs.

Constitutional Court of the Republic of Indonesia (MKRI). (May 2025). Tapera Law unconstitutional if not revised within 2 years.

Merdeka.com. (July 2025). Latest subsidized housing prices for 2025: Take note of the regions! page=3

Katadata. (January 2024). 28 million employees receive wages below the minimum wage at the start of 2024.

Populix. (2024). Tapera Program: What is it, who is it for, and how does it affect Indonesian workers?

ScholarHub Universitas Indonesia. (2023). Legal and policy analysis of the Tapera program in Indonesia. Journal of Law and Development, 53(2), 199–220.

The International Council on Human Rights Policy. (n.d.). The right to housing.

WIndonesia. (2025, June). Tapera law annulment exposes flaws in Indonesia’s housing strategy.

National Housing Fund Korea. (2024). About National Housing Fund. Ministry of Land, Infrastructure and Transport, Korea. kr/english/nhf

Pureklolon, T. T. (2020). PANCASILA AS POLITICAL ETHICS AND INDONESIAN STATE LAW. Law Review, 20(1), 71–86. https://doi.org/10.19166/lr.v20i1.2549

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Published

2025-11-29

How to Cite

Luna, L., Sutedja, J. N., Frederick, M., & Hoek, O. D. (2025). State Responsibility for Public Housing Ownership After the Constitutional Court Decision: Tapera. Journal of Law, Politic and Humanities, 6(1), 983–992. https://doi.org/10.38035/jlph.v6i1.2689