Legal politics of public housing savings for citizens’ decent and affordable housing

Abstract

This research explores the legal aspects of Indonesia’s Housing Savings Law (Tabungan Perumahan Rakyat, Tapera). The study examines constitutional housing rights, challenges, and government involvement in housing financing, and underscores legal politics for equitable living environments. In line with Indonesia’s 1945 Constitution, which aims to enhance the people’s well-being, including their right to affordable and suitable housing, this is explicitly addressed in Article 28H, paragraph (1), emphasizing the right to live in physical and spiritual prosperity and have decent living conditions. The right to housing is clearly established as a human right in Law No. 39 of 1999 on Human Rights. However, challenges persist in providing affordable and accessible housing, as well as securing sustainable long-term funding. To address this, the government introduced Law No. 4 of 2016 on Public Housing Savings. This study examines the legal politics of this law, focusing on ensuring adequate and affordable housing for citizens. It emphasizes constitutional housing rights, challenges in meeting housing needs, and the government’s involvement in housing financing. The study concludes by underlining the importance of legal politics in ensuring fairness and creating a secure living environment.