MASALAH-MASALAH DALAM PENGELOLAAN RUMAH SUSUN DI INDONESIA (STUDI TERHADAP BEBERAPA PUTUSAN PENGADILAN)

Abstract

The establishment of vertical residences in the form of apartments was one of the government’s ways to resolve the problems to basic needs fulfillment of housing for the public. Act No. 20 the Year 2011 along with other regulations, covers all aspects of construction, ownership, organization, and management including the formation of PPPSRS management. In addition of having the authority to manage housing issues, PPPSRS can also act as the Board of Management. If unable to carry out the management, PPPSRS can designate a legally authorized Board of Management. Based of several court verdicts, an analysis was conducted using normative legal research methods focused on literature studies with the aim of determining the legal responsibilities of owners and residents in the management of apartment and the responsibilities of the Board of Management in the cooperation in managing apartment. According to the UURS and regulations in the field of apartment management as well as the PPPSRS Memorandum of Association, every owner and resident is required to pay management fees and the authorized party to collect fees is the legitimate PPPSRS’s management. Regarding the Board of Management’s breach of the cooperation aggreement, there are legal consequences that result in an agreement default.