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20 May 2024: Legal Overview on Tapera (Tabungan Perumahan Rakyat), the "Citizen's Saving for Housing"

On 20 May 2024, Indonesia promulgated the Government Regulation Number 21 Year 2024 on the Amendment of Government Regulation Number 25 Year 2020 on the Implementation of Citizen's Saving for Housing (Peraturan Pemerintah Nomor 21 Tahun 2024 tentang Perubahan atas Peraturan Pemerintah Nomor 25 Tahun 2020 tentang Penyelenggaraan Tabungan Perumahan Rakyat) , commonly called as the " Tapera " . Referring to its definition, in principle, Tapera is a saving, conducted periodically by the "Participant", that can be utilized only for financing the housing and/or can be returned along with its yield resulted after the one's participation is ended. As stipulated in Article 15 of the Tapera regulation, the "Saving" rate has been set at 3% (three percent) of the "Salary" or "Wage" towards the "Employee Participant" (0.5% by the Employer and 2.5% by the Employee), and of the "Income" towards the "Independent Worker...

25 November 2021, Omnibus Law: conditionally unconstitutional

Indonesian Constitutional Court (Mahkamah Konstitusi) has examined many judicial reviews in relation with the Omnibus Law Number 11 of 2020 on Job Creation (the Omnibus Law). Mahkamah Konstitusi has granted the judicial review partially (the verdict) that the Omnibus Law is conditionally unconstitutional and the legislature shall rectify the Omnibus Law within 2 years since the verdict is announced, read out publicly on 25 November 2021, and the current provisions of Omnibus Law is still effective within the said period and until relevant rectification is enacted before the said period is expired. Otherwise, the Omnibus Law will be permanently unconstitutional.

Let us wait for relevant rectification of the Omnibus Law from the legislature, to be in accordance with the 1945 Constitution, to fulfill the said verdict of Mahkamah Konstitusi.

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