From online media reports, up to now, out of a total of around 500 existing housing complexes, more than 300 have not submitted their Infrastructure, Facilities, and Utilities (PSU). In fact, the existence of this PSU is very important as an indicator of the fulfillment of people’s rights to a decent life as guaranteed by the state in our constitution which is then mandated through Law Number 1 of 2011 concerning Housing and Settlements, specifically for Malang City regulated in Regional Regulation Number 2 of 2013 concerning Public Infrastructure, Facilities and Utilities.
Discussing the issue, lecturers together with students of the Faculty of Law, Universitas Brawijaya carried out community service on Thursday (12/9). This group is chaired by Dr. Herlindah, S.H., M.Kn, along with other lecturers who also work as PPAT and notaries, namely Dr. Supriyadi., S.H., M.Hum., M.Kn and Arini Jauharoh, S.H., M.Kn. He was also accompanied by other members, namely Iqbal Maulana, S.H., M.Kn., Surya Rimba Perkasa, S.H., Fauzan, S.H., Felix Rafiansyah Affandi, and Ahmad Tsaqief Ghiffari with the theme “Strengthening Institutions in Optimizing the Function and Benefits of Infrastructure, Facilities and Public Utilities of Housing and Settlements in Malang City”.
This community service was carried out by collaborating with Karangbesuki Village as a partner, which was attended by the Head of Facilities of Karangbesuki Village, the head or representative of Rukun Warga 01 to 10 and from the LKMD elements. According to Herlindah, the village is one of the institutions that has an important role in maintaining PSU.
“The village is the government element that is closest to the community, plus the response from Endy Sri Hartanto, S.H. as the Head of Karangbesuki to this activity. The goal is to provide an understanding of PSU to the community and at the same time accommodate complaints and problems in the community related to PSU, so that they can be used as material for further academic study at FH UB,” he explained.
On this agenda, Herlindah explained the introduction to PSU and the basis for its regulation, while Arini provided an overview of the stages of PSU implementation and the role of institutions. The legal aspect related to the status of PSU land was conveyed by Supriyadi.
From the results of the dialogue with participants, it was discovered that several PSU problems in housing and settlements in Karangbesuki Village included the transfer of land ownership that should have been for PSU, which was claimed by the developer and sold to another party, rejection of assistance through Musrenbang due to the PSU not being handed over, unclear placement of waste disposal sites and moving around so that it disturbed local residents.
“In addition, there is also land that was previously listed as state property, after the regional election, suddenly the land was transferred to private ownership. Then various promised facilities such as houses of worship, jogging tracks, playgrounds, sports centers that were promised by the developer have not been realized as promised when buying and selling land and buildings,” said Herlindah.
However, the most common problem, she added, is that due to the lack of PSU handover, the community cannot access assistance for the construction and maintenance of PSU from the regional/city government, even though they diligently pay taxes. So it can be concluded how important it is to have PSU handover to the Government.
On that occasion, she said that for new housing, with new regulations, at the beginning the developer must submit PSU administratively. “Especially for old housing with problematic PSU, the community actually has a role to encourage the acceleration of PSU handover. Residents jointly make a report that is submitted to the sub-district, later from the sub-district it is submitted to the Mayor, from the Mayor who will later ask the PUPR Service and from the PUPR Service will collect from the developer,” she explained.
The key, said this Civil Law lecturer, is in the PUPR Service which keeps a site plan containing information on where the promised PSU is located when taking care of the location permit. Especially for housing that is still actively developing construction such as Villa Bukit Tidar, the PUPR Service has the authority to stop its permit to open new clusters, if the PSU is not immediately handed over. However, it all depends on the solidarity of the community whether they want to fight for their rights or not. The point is that collaboration is needed from all parties,” said Herlindah.
From this meeting, Supriyadi hopes to be able to realize inclusive and sustainable housing and settlement development in Malang City. “With coordination between institutions, increasing institutional capacity, involving the community to manage and monitor and evaluate PSU periodically, can provide maximum benefits for the entire community. Hopefully with joint efforts, Malang City can realize a decent, comfortable, and sustainable residential environment for the current and future generations,” he concluded. (HRL/VQ/ UB PR/ Trans. Iir)