Praktik pembentukan perhimpunan pemilik dan penghuni satuan rumah susun Kalibata City ditinjau dari undang-undang nomor 20 tahun 2011 tentang rumah susun = Practices for the formation of the association of owners and apartment unit residents of Kalibata City reviewed under law number 20 year 2011 regarding apartments

Tanadi, Algy (2018) Praktik pembentukan perhimpunan pemilik dan penghuni satuan rumah susun Kalibata City ditinjau dari undang-undang nomor 20 tahun 2011 tentang rumah susun = Practices for the formation of the association of owners and apartment unit residents of Kalibata City reviewed under law number 20 year 2011 regarding apartments. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The Association of Owners and Apartment Unit Residents (PPPSRS) is an association which is required to be formed by Owners of apartment units with the assistance of the Apartment Developers. Even though it is required, there are still a lot of apartment unit owners who are not aware of the importance of forming a PPPSRS, on the other hand, the apartment developers, either intentionally or unintentionally, did not facilitate the formation of a PPPSRS. One of the cases that the author would particularly focus on the course of this research is Kalibata City, regarding its case of multiple PPPSRS management, where there were both PPPSRS formed by the Apartment developers and a PPPSRS formed by the residential community. The formulation of problem for this particular research would be on how the practices are in establishing a PPPSRS in Kalibata City and how the flaws and vulnerabilities within our existing laws and regulations resulted in the obstacles in achieving legal certainty pertaining to the establishment of the Kalibata City PPPSRS. In carrying out the research, the author had used a normative and empirical legal research methods by directly acquiring relevant data which is achieved through interviews with relevant parties and also by studying literary works through relevant laws and regulations. The result of the research is that the practice of forming a PPPSRS in Kalibata City faced obstacles and was not already formed legally due to the dualism of management and formation in each respective PPPSRS. Both the formation and the management of each PPPSRS, had not fulfilled the pre-existing legal requirements, which therefore cannot be ratified. In addition, the apparent weakness in the existing laws and regulations in providing legal certainty also bring about loopholes that causes the dualism dispute between the management of the two PPPSRS. This was caused due to the overlapping of laws and regulations resulting in the impression that it could have multiple interpretations. The existence of such overlapping laws and regulations that could be interpreted differently provided a convenient means for Apartment Developers to blame the existing laws and regulations in delaying or obstructing the formation of the PPPSRS which should be based on the principles that the PPPSRS should be established for the residents/owners, by the residents/owners and from the residents/owners.

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