Regulatory asymmetry and public facility utilization: examining legal certainty in indonesia's post-omnibus housing reform

Abstract

Law on Job Creation (UUCK) No. 6/2023 deleted Public Infrastructure, Facilities, and Utilities (PSU) obligations in the Building Law (UUBG), while maintaining them in the Flats and Housing Laws. This article examines the post-omnibus regulatory framework for public infrastructure facilities in Indonesia, focusing not only on the obligation of developers to provide such facilities but also on the subsequent phase of public utilization. This normative inconsistency creates serious legal uncertainty, violating citizens' constitutional rights to decent housing under Article 28H UUD 1945. The research uses a normative juridical design. To ensure methodological transparency, it explicitly employs purposive sampling with specific inclusion/exclusion criteria for legal materials selection, structured analytical matrices for norm comparison, and precise operational definitions for 'horizontal disharmony' and 'regulatory vacuum'. Primary materials (UUD 1945, UUBG, UURusun, UUPKP, UUCK) are analyzed using specific hermeneutic protocols and validated through independent verification checks. By analyzing three dimensions—normative construction, institutional authority, and procedural implementation—the study identifies regulatory asymmetries that undermine legal certainty. The elimination of PSU obligations in UUBG violates Gustav Radbruch's elements of legal certainty: positivity, clarity, stability, and factual implementation. Findings reveal that while provisions for PSU provision remain in sectoral laws, the absence of integrated verification mechanisms and unclear rules for public utilization create systemic uncertainty. Drawing on the Three-Tier Harmonization Model from Iwan Kurniawan's dissertation, the article proposes legal reconstruction to ensure that public facilities are not only provided but also effectively utilized by citizens.