HOUSING JUSTICE AND EVICTION POLICY: TENURE SECURITY, DUE PROCESS AND THE RIGHT TO ADEQUATE HOUSING

Abstract

Indonesian constitutional law guarantees a right to dwell and the housing statute obliges the state to provide, yet residents of informal settlements are removed through administrative action in which the absence of a land title functions as the absence of any procedural entitlement. This study aims to analyse eviction as a problem of due process rather than of land ownership, to assess the treatment of informal occupation against the right to adequate housing and the Islamic protection of the dwelling, and to formulate criteria for lawful eviction and resettlement. The research applies normative juridical research with statutory, conceptual, case and comparative approaches, supported by a reading of the inviolability of the dwelling, the prohibition of harm and the doctrine of necessity, drawing on Indonesian housing, land acquisition and spatial planning legislation, international standards on development-based evictions, and comparative constitutional jurisprudence. The findings show that tenure status governs procedural entitlement although the two are conceptually distinct, that public order enforcement operates as an eviction route bypassing land acquisition safeguards, and that compensation for structures without resettlement reproduces homelessness elsewhere. Islamic doctrine protects the dwelling independently of ownership. The study recommends procedural guarantees keyed to occupation rather than title, mandatory resettlement planning and judicial authorisation.