Inp.polri.go.id - Jakarta. The Constitutional Court (MK) has ruled that participation in the state-run Housing Savings Program (Tapera) is no longer mandatory, granting a judicial review request filed by labor unions. 

In its verdict on Monday (29/9/2025), the Court declared that the core provision of Law No. 4/2016, which required all workers earning at least the minimum wage to join Tapera, violated the Constitution.

“Tapera shifts the meaning of savings, which by nature should be voluntary, into a compulsory levy. This contradicts the principle of free consent,” Justice Saldi Isra said, as quoted by antaranews.com. 

The Court concluded that the mandatory clause created a disproportionate burden, even for workers who already own homes, and risked overlapping with existing housing finance schemes.

Chief Justice Suhartoyo and Justice Enny Nurbaningsih stressed that lawmakers must redesign the housing policy framework. The Court annulled the entire Tapera Law but gave the House of Representatives (DPR) and the government two years to draft a replacement system to avoid legal uncertainty.

(mg/inp/pr/rs)