BP Tapera Prepares A New Contribution Scheme After The Constitutional Court's Decision

JAKARTA - The People's Housing Savings Management Agency (BP Tapera) revealed that it was preparing a number of new schemes after the decision of the Constitutional Court (MK) canceled the Tapera contribution obligations for private workers.

BP Tapera Commissioner Heru Pudyo Nugroho explained that one of the schemes that will be discussed is the establishment of an endowment fund for the housing sector which will be realized through the concept of Contractual Saving for Housing (CSH).

"(radying for CSH) this is part of our efforts to organize a business model after the Constitutional Court's decision yesterday. The Constitutional Court's decision is a substance of the lawsuit which was later granted by the Constitutional Court regarding obligations for workers and independent workers who earn above the minimum wage to become Tapera participants," said Heru in Jakarta, Tuesday, November 4.

According to Heru, the CSH concept is currently in the maturation stage.

He said the government was conducting an appeal study process related to the implementation of the concept in a number of countries.

If deemed appropriate, the concept will be applied by BP Tapera to strengthen the portfolio of cheap funds which will later be used to support housing sector funding.

"Well, this is what we are compiling. Later we will see various possibilities. Surely we will transform later, yes, after this," he said.

In line with this, Heru also revealed that the government plans to revise Law Number 4 of 2016 concerning Public Housing Savings (Tapera).

The Ministry of Housing and Settlement Areas (PKP) will be one of the institutions that will execute the draft of the new Tapera Law. This means that the revision of the Tapera Law is projected to be officially signed in 2027.

"Yes, we have to (revision) it immediately. Because the time is two years, yes, to reform related to the construction of the Tapera law. However, the ownership will remain in the relevant ministries/institutions," he added.

Previously, the Constitutional Court decided that the participation of the Public Housing Savings (Tapera) would no longer be an obligation.

This was emphasized by the Constitutional Court in a decision related to the judicial review of Law Number 4 of 2016 concerning Tapera.

MK menyatakan pasal jantung dari UU Tapera, yakni Pasal 7 ayat (1) bertentangan dengan konstitusi sehingga berkonsekuensi yuridis terhadap pasal-pasal lainnya dalam UU tersebut.

Pasal 7 ayat (1) UU Tapera menyatakan, "Setiap pekerja dan pekerja mandiri yang berpenghasilan paling sedikit sebesar upah minimum wajib menjadi peserta."

"Menyatakan UU Nomor 4 Tahun 2016 tentang Tapera bertentangan dengan Undang-Undang Dasar NKRI Tahun 1945 dan tidak mempunyai kekuatan hukum mengikat sepanjang tidak dilakukan penataan ulang, sebagaimana amanat Pasal 124 UU Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Pemukiman," ucap Ketua MK Suhartoyo dikutip dari Antara, Selasa, 4 November.

The Constitutional Court stated that the heart article of the Tapera Law, namely Article 7 paragraph (1) contradicts the constitution so that it has juridical consequences for other articles in the law.

Article 7 paragraph (1) of the Tapera Law states, "Every worker and independent worker who earns the least the minimum wage must be a participant."

"Declaring Law Number 4 of 2016 concerning Tapera is contrary to the 1945 Constitution of the Republic of Indonesia and does not have binding legal force as long as there is no rearrangement, as mandated by Article 124 of Law Number 1 of 2011 concerning Housing and Settlement Areas," said Chief Justice of the Constitutional Court Suhartoyo quoted from Antara, Tuesday, November 4.