The Regulations for the Formation of the Association of Owners and Residents of Flat Units (PPPSRS) Create Justice

Abstract

The formation of the Association of Owners and Residents of Flats Unit (PPPSRS) has an important role in encouraging a fair and equitable legal mechanism for Owners and Residents of Flats Units. However, in terms of the formation of the Association of Owners and Residents of Flats Unit (PPPSRS), the implementation of Law No. 20 of 2011 concerning Flats is still not optimal, as evidenced by the rampant conflict between owners and residents of flats with developers caused by developer interference in terms of formation and decisions made by the PPPSRS dispatcher. The weak supervision of apartment developers makes it freer to master the management of flats where it has been regulated that developers manage temporary flats, which is a maximum of 1 (one) year starting from the handover of apartment units. The research method used in writing this dissertation is the normative juridical research method, which is research that focuses and examines the application of rules and norms in positive law. Using the theory of Justice by John Rawls as the grand theory, the Organ Theory by Otto von Gierke as the middle range theory and the theory of Agreement by Subekti as the applied theory. The results showed that the implementation of the agreement between the owners and residents of the current apartment units in practice is not in accordance with what is regulated in Law No. 20 of 2011 concerning Flats because each interprets a rule based on its importance. as stipulated in Article 59. The transition period is calculated from where the handover is first, because many have received units for more than 5 (five) years, however, PPPSRS has not yet been formed due to the reluctance of developers to facilitate the formation of PPPSRS. For this reason, the author suggests that the government needs to be present to overcome the problems in the Agreement of the Association of Owners and Residents of Flats Unit (PPPSRS) both in its formation and implementation, so that a special institution is needed under the Minister of Public Works and Public Housing which oversees PPPSRS called the Flats Protection and Supervision Agency (BPPRS). For this reason, it is necessary to change the construction of Article 5 paragraph (2) of Law No. 20 of 2011 concerning Flats which stipulates the Flats Protection and Supervision Agency (BPPRS) as the Government representative responsible for the implementation of Flats.