Chief Justice Suhartoyo, Justice Arief Hidayat, and Justice Enny Nurbaningsih sitting at a follow-up panel hearing of Tapera Law, Tuesday (6/8/2024). Photo by MKRI/Bayu.

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Jakarta, MKRI—The Constitutional Court held a material judicial review hearing of Law No. 4 of 2016 on Public Housing Savings Law (Tapera Law). Petitioner Bansawan argued that Article 1 paragraph (3) and Article 9 paragraph (2) of Tapera Law contradict the 1945 Constitution. Chief Justice Suhartoyo, Justice Arief Hidayat, and Justice Enny Nurbaningsih attended the follow-up hearing of Petition No. 76/PUU-XXII/2024.

The second hearing was scheduled to hear the revision of the petition, but the Petitioner did not attend. Based on information from the Court summoner, the Petitioner who had been contacted answered that he would not attend the hearing.

"Because the Petitioner is not present and does not submit revisions, we cannot provide confirmation regarding evidence, and this will be considered at the Justices Deliberation Meeting (RPH)," Chief Justice Suhartoyo explained.

At the Preliminary Hearing, Ferdian Sutanto and Laura Donna, the Petitioner's legal counsel, took turns presenting the arguments of the petition. The Petitioner argues that although the rules against the new scheme of Public Housing Savings (Tapera) will take effect in 2027 and are currently not yet a constitutional loss for him, they have the potential to harm when it comes into effect for every Indonesian citizen. The Petitioner also said that their hard-earned money, continued Ferdian, must be given to the state, while savings should be optional and according to their own wishes voluntarily. Thus, if in 2027, the enactment of the Tapera Law can be ascertained, this is not in line with Article 28G Paragraph (1) of the 1945 Constitution.

For this reason, in his petition, the Petitioner requests the Panel of Justices to declare Article 1 paragraph (3) and Article 9 paragraph (2) of Tapera Law, Article 1 paragraph (3) which reads: "Tapera participants, hereinafter referred to as participants, are every Indonesian citizen and foreign national holding a visa with the intention of working in the territory of Indonesia for at least 6 (six) months who have paid deposits" to become "Tapera participants, hereinafter referred to as participants, are every Indonesian citizen and foreign national holding a visa with the intention of working in the territory of Indonesia for at least 6 (six) months who have paid deposits, with their own voluntary wishes". As for Article 9 paragraph (2) which originally reads: "Independent Workers as referred to in Article 7 paragraph (1) and paragraph (2) must register themselves with BP Tapera to become participants does not have binding legal force, so that Article 1 paragraph (3) and Article 9 paragraph (2) of the Tapera Law must be interpreted as "Independent Workers as referred to in Article 7 paragraph (1) and paragraph (2) must register themselves with BP Tapera to become participants, with their own voluntary wishes." (*)

Author : Sri Pujianti

Editor: Lulu Anjarsari P.

PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

 

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