Jakarta, September 29, 2025 – The Constitutional Court has granted the entire petition of the KSBSI in Decision Number 96/PUU-XXII/2024, a material review of Law Number 4 of 2016 concerning Public Housing Savings (Tapera Law).
All articles in the Tapera Law were declared to be in conflict with the 1945 Constitution of the Republic of Indonesia and not legally binding, including Article 7 paragraph (1), the “heart” of the Tapera Law.
As is known, the petition was filed on July 9, 2024, and the decision was read on September 29, 2025, after more than a year of struggle. The KSBSI petitioners were led by President Elly Rosita Silaban and Secretary General Dedi Hardianto, through attorney Harris Manalu, S.H., et al. The petition challenged six articles of the Tapera Law.
“This is a victory for all workers, laborers, trade unions, and the lower middle class. Workers must remain optimistic in fighting for their rights. The Constitutional Court has provided justice for the vulnerable,” said KSBSI President Elly Rosita Silaban in her statement.
Harris Manalu, one of KSBSI’s legal counsel, said, “Although only six articles were challenged, the Constitutional Court declared the entire Tapera Law unconstitutional. Article 7 paragraph (1) is the heart of the Tapera Law; its revocation renders the Tapera Law unenforceable in its entirety,” He explained.
The Constitutional Court gave the House of Representatives (DPR) and the President the opportunity to draft a new housing law without requiring workers to participate, in accordance with Law Number 1 of 2011 concerning Housing and Residential Areas.
“KSBSI’s victory underscores the importance of labor unions’ struggle for constitutional justice for workers in Indonesia,” He explained.
Meanwhile, in its official statement, the Constitutional Court (MK), in Decision Number 96/PUU-XXII/2024, granted all petitions for judicial review of Law Number 4 of 2016 concerning Public Housing Savings (Tapera Law). In the ruling, the Court declared the Tapera Law to be inconsistent with the 1945 Constitution of the Republic of Indonesia (UUD NRI) and not legally binding unless it undergoes restructuring as mandated by Article 124 of Law Number 1 of 2011 concerning Housing and Residential Areas.
“3. Declaring that Law Number 4 of 2016 concerning Public Housing Savings (State Gazette of the Republic of Indonesia of 2016 Number 55, Supplement to the State Gazette of the Republic of Indonesia Number 5863) remains in effect and must be reorganized within a maximum of 2 (two) years from the date the a quo decision was pronounced,” said Chief Justice of the Constitutional Court Suhartoyo in the verdict pronouncement hearing on Monday (29/9/2025) in the Plenary Courtroom of the Constitutional Court, Jakarta.
