Regulation of Associations of Flat Owners and Tenants in Management of Flatsfor Legal Assurance and Justice

Abstract

The ownership of the condominium unit gives birth to the ownership rights to the apartment units which are individual rights, and joint ownership rights in the form of shared parts, shared objects, and shared land. Individual property rights in the form of condominium units are managed by the condominium owner himself, while the shared parts, common objects and shared land are jointly managed by the condominium owner. The owner is obliged to form PPPSRS as the manager of the condominium unit, while the developer is obliged to facilitate the formation of the PPPSRS and is obliged to manage the condominium unit in the "transition period" until the PPPSRS is formed. The meaning of the phrase " transition period " contained in the Elucidation of Article 59 paragraph (1) is different from the meaning of the phrase contained in Article 59 paragraph (1) of Law 20/2011, thus causing problems in the formation of PPPSRS and the management of the condominium unit. In addition, the problem with the formation of PPPSRS and management, is also due to the unclear meaning of the phrase "first handover of the condominium unit to the owner, and the phrase "management that is a legal entity", thus causing problems in its application. In the case of the formation of PPPSRS, the Development Actors in providing facilities are not serious, it is indicated that there is an effort to stall for time, is not transparent, and the formation is a formality, and dominates the process of forming the PPPSRS, so that in the end the Development Actors control the management of the house. stack. In terms of the management of flats, the Developers are not transparent and open in determining management costs, especially in determining the amount of service charge, electricity bill, Environmental Management Fee (IPL), and others, so that it is very burdensome and detrimental to the Owner or Tenant. flats. Therefore, it is necessary to rSudaryatmo, asegarding PP SRS, and the parties must have good faith, be transparent and open, so that in determining the amount of service charge, electricity bill, Environmental Management Fee (IPL) is carried out by consensus. Thus, the objectives of regulating PPPSRS and managing flats with legal certainty and justice will be realized.