[ABSTRAK
Bahwa dalam rumah susun di Indonesia, terdapat satuan rumah yang dapatdimiliki secara terpisah dan ada pula pemilikan bersama atas bagian bersama,benda bersama, dan tanah bersama sesuai dengan nilai perbandingan danproporsionalnya. Hal ini menyebabkan perlunya dilakukan pengaturan mengenaipenggunaan dan pengelolaannya yang dilakukan oleh Perhimpunan Penghunisebagai badan hukum yang bertanggung jawab mengurus kepentingan bersamapara pemilik dan penghuni rumah susun. Perhimpunan Penghuni diatur dalamUndang-Undang Rumah Susun Nomor 16 tahun 1985 dan juga terhadap Undang-Undang Rumah Susun Nomor 20 Tahun 2011. Perhimpunan Penghuni diberikedudukan sebagai badan hukum yang memiliki Anggaran Dasar dan AnggaranRumah dan dapat melakukan tindakan hukum ke luar dan ke dalam atas namapemilik dengan wewenang yang dimilikinya untuk mewujudkan ketertiban danketenteraman dalam lingkungan rumah susun. Tetapi banyak perhimpunanpenghuni yang tidak melaksanakan tugasnya dengan baik dengan tidakmementingkan kesejahteraan para penghuni dan pemilik rumah susun. Hal ini punterjadi pada Apartemen Mediterania Palace Residences Kemayoran, dimanaperhimpunan penghuni yang seharusnya menjadi sarana untuk meningkatkankesejahteraan justru menjadi batu sandungan yang mengambil hak-hak parapenghuni rumah susun.
ABSTRACT
Whereas, for the condominium in Indonesia, there is a unit of condominiumwhich can be owned separately and can be owned jointly upon the joint property,joint asset, and joint land in accordance with each of the party?s calculation andproportionality. These would cause the needs of the regulatory regarding its useand maintenance, which conducted by Resident?s Association as a legal entitywhich responsible to maintain the joint interest of the owners and residents of thecondominium. Resident?s Association is regulated under the Law ofCondominium No. 16 Year 1985 and as well the Law of Condominium No. 20Year 2011. Resident?s Association is given the authority as the legal entity andhaving its own articles of association and articles of maintenance which entitle toconduct a legal action outside and inside on behalf of the owners with its givenauthorization to implement the safety and tranquility of the condominium?senvironment. However, there are Resident?s Association which not implement itsduty with good faith by not pursue the wealth of the residents and owners of thecondominium. These also happens on the Mediterania Palace ResidencesKemayoran Apartment, whereby the Resident?s Association who are obliged to bethe facility to improve the wealth of the residents, precisely became the hindranceand (illegally) detain the rights of the condominium residents.;Whereas, for the condominium in Indonesia, there is a unit of condominiumwhich can be owned separately and can be owned jointly upon the joint property,joint asset, and joint land in accordance with each of the party?s calculation andproportionality. These would cause the needs of the regulatory regarding its useand maintenance, which conducted by Resident?s Association as a legal entitywhich responsible to maintain the joint interest of the owners and residents of thecondominium. Resident?s Association is regulated under the Law ofCondominium No. 16 Year 1985 and as well the Law of Condominium No. 20Year 2011. Resident?s Association is given the authority as the legal entity andhaving its own articles of association and articles of maintenance which entitle toconduct a legal action outside and inside on behalf of the owners with its givenauthorization to implement the safety and tranquility of the condominium?senvironment. However, there are Resident?s Association which not implement itsduty with good faith by not pursue the wealth of the residents and owners of thecondominium. These also happens on the Mediterania Palace ResidencesKemayoran Apartment, whereby the Resident?s Association who are obliged to bethe facility to improve the wealth of the residents, precisely became the hindranceand (illegally) detain the rights of the condominium residents.;Whereas, for the condominium in Indonesia, there is a unit of condominiumwhich can be owned separately and can be owned jointly upon the joint property,joint asset, and joint land in accordance with each of the party?s calculation andproportionality. These would cause the needs of the regulatory regarding its useand maintenance, which conducted by Resident?s Association as a legal entitywhich responsible to maintain the joint interest of the owners and residents of thecondominium. Resident?s Association is regulated under the Law ofCondominium No. 16 Year 1985 and as well the Law of Condominium No. 20Year 2011. Resident?s Association is given the authority as the legal entity andhaving its own articles of association and articles of maintenance which entitle toconduct a legal action outside and inside on behalf of the owners with its givenauthorization to implement the safety and tranquility of the condominium?senvironment. However, there are Resident?s Association which not implement itsduty with good faith by not pursue the wealth of the residents and owners of thecondominium. These also happens on the Mediterania Palace ResidencesKemayoran Apartment, whereby the Resident?s Association who are obliged to bethe facility to improve the wealth of the residents, precisely became the hindranceand (illegally) detain the rights of the condominium residents., Whereas, for the condominium in Indonesia, there is a unit of condominiumwhich can be owned separately and can be owned jointly upon the joint property,joint asset, and joint land in accordance with each of the party’s calculation andproportionality. These would cause the needs of the regulatory regarding its useand maintenance, which conducted by Resident’s Association as a legal entitywhich responsible to maintain the joint interest of the owners and residents of thecondominium. Resident’s Association is regulated under the Law ofCondominium No. 16 Year 1985 and as well the Law of Condominium No. 20Year 2011. Resident’s Association is given the authority as the legal entity andhaving its own articles of association and articles of maintenance which entitle toconduct a legal action outside and inside on behalf of the owners with its givenauthorization to implement the safety and tranquility of the condominium’senvironment. However, there are Resident’s Association which not implement itsduty with good faith by not pursue the wealth of the residents and owners of thecondominium. These also happens on the Mediterania Palace ResidencesKemayoran Apartment, whereby the Resident’s Association who are obliged to bethe facility to improve the wealth of the residents, precisely became the hindranceand (illegally) detain the rights of the condominium residents.] |
T43048-Anie Wijaya.pdf :: Unduh