Perlindungan hukum terhadap permasalahan terkait dengan kepemilikan dan pengelolaan rumah susun = Legal protection on issues related to apartment ownership and management

Sebastian, Agnes (2019) Perlindungan hukum terhadap permasalahan terkait dengan kepemilikan dan pengelolaan rumah susun = Legal protection on issues related to apartment ownership and management. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The basic need for housing that is accompanied by population growth on one side and land scarcity on the other side leads to the development of apartment buildings as the alternate solution to housing in various urban areas. However, due to the rapid development of apartment construction, issues related to apartment ownership and management have been emerging. This research paper discusses (1) various issues related to apartment ownership and management and (2) legal protection on issues related to apartment ownership and management for the interest of apartment consumers. The research method used is normative research method which utilises secondary data such as books, journals, court decisions as well as laws and regulations. The legal issues that are commonly faced by apartment consumers are relating to the standardised form of pre-sale agreement, the developer’s failure to transfer Strata Title ownership, the developer’s failure to facilitate the formation of Apartment Owners and Tenants’ Association as well as the developer’s unlawful acts in managing the apartment during the transition period. The legal protection for the aforementioned issues are regulated normatively in Law No. 20 of 2011, Law No. 8 of 1999 and Civil Code. Nevertheless, in practice, such issues continue to reoccur as the implementing regulation of the UURS specifically in relation to apartment ownership and management has not been ratified. Therefore, it can be concluded that the legal issues regarding apartment ownership and management occur due to the gaps in the law; hence, the legal protections to such issues remain inadequate.

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