Court Reviews Housing Law

Three Indonesian citizens -Aditya Rahman, Jefri Rusadi, and Erlan Basuki –asked the Constitutional Court (MK) to review Article 22 (3) of Law No. 1 of 2011 on Housing and Settlement Areas (“Housing Law”). The applicants claim that the Housing Law harms low-income people, by making it impossible for them to own homes.

The applicants argue that the minimum floor area requirement in Article 22 (3) of the Housing Law, creates a barrier to home ownership for low-income people. “The Article makes it impossible for the applicants to own a house,” said Alex Chandra, the applicants representative, in a proceeding at MK, Friday (10/2).

Article 22 (3) of the Housing Law, requires single family homes and row houses to have a  minimum floor area of 36 square meters.

Alex asserted that the minimum floor area makes it prohibitively expensive for low-income people to  buy or build a home, creating a barrier to home ownership. “It will be difficult for low-income people to buy or build a house. As a result, 30,02 million poor people will be denied their housing rights,” Alex argued.

Alex further explained, the applicants are workers who make less than IDR 2 million per year, which is only enough to fulfill their daily necessities. “Assuming the price for a 36 square meter house is IDR 135 million, the applicants would not be able to buy or build a house that meets the standard in Article 22 (3),” he said.

Based on this reasoning, the applicants have asked MK to revoke Article 22 (3) of the Housing Law, because it contradicts Article 28H (1) of the 1945 Constitution. 

APERSI

In a different proceeding, the Indonesian Housing and Settlement Area Developers Association (APERSI) has also asked MK to review Article 22 (3) of the Housing Law.

Muhammad Joni, an ASPERSI representative, said Article 22 (3) harms ASPERI's constitutional rights, and should be declared conditionally unconstitutional.  ASPERSI’s mission is to build and develop low-income housing. “ASPERSI was formed in the spirit of helping low-income people, not like other developers who are more money-oriented,” said Joni.

He asserted that the width requirement should be reduced to 21 square meters, so that  low-income people can own homes.

(Agus Sahbani/Mahinda Arkyasa)