Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedur...

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Main Author: Santy Kouwagam
Format: Article
Language:English
Published: Badan Penerbit FHUI 2022-09-01
Series:The Indonesian Journal of Socio-Legal Studies
Subjects:
Online Access:https://scholarhub.ui.ac.id/ijsls/vol2/iss1/3/
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author Santy Kouwagam
author_facet Santy Kouwagam
author_sort Santy Kouwagam
collection DOAJ
description This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing together activists and researchers in a joint enterprise and tackling the issue as a collective societal project. In turn, socio-legal scholars need to keep including in-depth analysis of case law as one of the foundations of their work in law and society development.
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spelling doaj.art-8fe454073530405b9587ff299fe6391b2024-01-17T09:30:48ZengBadan Penerbit FHUIThe Indonesian Journal of Socio-Legal Studies2808-25912022-09-012110.54828/ijsls.2022v2n1.3Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in IndonesiaSanty Kouwagam0Stichting Socio-Legal Consulting & Van Vollenhoven Institute,This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing together activists and researchers in a joint enterprise and tackling the issue as a collective societal project. In turn, socio-legal scholars need to keep including in-depth analysis of case law as one of the foundations of their work in law and society development.https://scholarhub.ui.ac.id/ijsls/vol2/iss1/3/legal strategysocial movementpublic housing
spellingShingle Santy Kouwagam
Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
The Indonesian Journal of Socio-Legal Studies
legal strategy
social movement
public housing
title Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
title_full Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
title_fullStr Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
title_full_unstemmed Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
title_short Can Affordable Homes be Healthy? Legal Strategy, Socio-Legal Studies and Activism in Indonesia
title_sort can affordable homes be healthy legal strategy socio legal studies and activism in indonesia
topic legal strategy
social movement
public housing
url https://scholarhub.ui.ac.id/ijsls/vol2/iss1/3/
work_keys_str_mv AT santykouwagam canaffordablehomesbehealthylegalstrategysociolegalstudiesandactivisminindonesia