"[
ABSTRAK Bahwa dalam rumah susun di Indonesia, terdapat satuan rumah yang dapat
dimiliki secara terpisah dan ada pula pemilikan bersama atas bagian bersama,
benda bersama, dan tanah bersama sesuai dengan nilai perbandingan dan
proporsionalnya. Hal ini menyebabkan perlunya dilakukan pengaturan mengenai
penggunaan dan pengelolaannya yang dilakukan oleh Perhimpunan Penghuni
sebagai badan hukum yang bertanggung jawab mengurus kepentingan bersama
para pemilik dan penghuni rumah susun. Perhimpunan Penghuni diatur dalam
Undang-Undang Rumah Susun Nomor 16 tahun 1985 dan juga terhadap Undang-
Undang Rumah Susun Nomor 20 Tahun 2011. Perhimpunan Penghuni diberi
kedudukan sebagai badan hukum yang memiliki Anggaran Dasar dan Anggaran
Rumah dan dapat melakukan tindakan hukum ke luar dan ke dalam atas nama
pemilik dengan wewenang yang dimilikinya untuk mewujudkan ketertiban dan
ketenteraman dalam lingkungan rumah susun. Tetapi banyak perhimpunan
penghuni yang tidak melaksanakan tugasnya dengan baik dengan tidak
mementingkan kesejahteraan para penghuni dan pemilik rumah susun. Hal ini pun
terjadi pada Apartemen Mediterania Palace Residences Kemayoran, dimana
perhimpunan penghuni yang seharusnya menjadi sarana untuk meningkatkan
kesejahteraan justru menjadi batu sandungan yang mengambil hak-hak para
penghuni rumah susun.
ABSTRACTWhereas, for the condominium in Indonesia, there is a unit of condominium
which 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 and
proportionality. These would cause the needs of the regulatory regarding its use
and maintenance, which conducted by Resident?s Association as a legal entity
which responsible to maintain the joint interest of the owners and residents of the
condominium. Resident?s Association is regulated under the Law of
Condominium No. 16 Year 1985 and as well the Law of Condominium No. 20
Year 2011. Resident?s Association is given the authority as the legal entity and
having its own articles of association and articles of maintenance which entitle to
conduct a legal action outside and inside on behalf of the owners with its given
authorization to implement the safety and tranquility of the condominium?s
environment. However, there are Resident?s Association which not implement its
duty with good faith by not pursue the wealth of the residents and owners of the
condominium. These also happens on the Mediterania Palace Residences
Kemayoran Apartment, whereby the Resident?s Association who are obliged to be
the facility to improve the wealth of the residents, precisely became the hindrance
and (illegally) detain the rights of the condominium residents.;Whereas, for the condominium in Indonesia, there is a unit of condominium
which 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 and
proportionality. These would cause the needs of the regulatory regarding its use
and maintenance, which conducted by Resident?s Association as a legal entity
which responsible to maintain the joint interest of the owners and residents of the
condominium. Resident?s Association is regulated under the Law of
Condominium No. 16 Year 1985 and as well the Law of Condominium No. 20
Year 2011. Resident?s Association is given the authority as the legal entity and
having its own articles of association and articles of maintenance which entitle to
conduct a legal action outside and inside on behalf of the owners with its given
authorization to implement the safety and tranquility of the condominium?s
environment. However, there are Resident?s Association which not implement its
duty with good faith by not pursue the wealth of the residents and owners of the
condominium. These also happens on the Mediterania Palace Residences
Kemayoran Apartment, whereby the Resident?s Association who are obliged to be
the facility to improve the wealth of the residents, precisely became the hindrance
and (illegally) detain the rights of the condominium residents.;Whereas, for the condominium in Indonesia, there is a unit of condominium
which 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 and
proportionality. These would cause the needs of the regulatory regarding its use
and maintenance, which conducted by Resident?s Association as a legal entity
which responsible to maintain the joint interest of the owners and residents of the
condominium. Resident?s Association is regulated under the Law of
Condominium No. 16 Year 1985 and as well the Law of Condominium No. 20
Year 2011. Resident?s Association is given the authority as the legal entity and
having its own articles of association and articles of maintenance which entitle to
conduct a legal action outside and inside on behalf of the owners with its given
authorization to implement the safety and tranquility of the condominium?s
environment. However, there are Resident?s Association which not implement its
duty with good faith by not pursue the wealth of the residents and owners of the
condominium. These also happens on the Mediterania Palace Residences
Kemayoran Apartment, whereby the Resident?s Association who are obliged to be
the facility to improve the wealth of the residents, precisely became the hindrance
and (illegally) detain the rights of the condominium residents., Whereas, for the condominium in Indonesia, there is a unit of condominium
which 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 and
proportionality. These would cause the needs of the regulatory regarding its use
and maintenance, which conducted by Resident’s Association as a legal entity
which responsible to maintain the joint interest of the owners and residents of the
condominium. Resident’s Association is regulated under the Law of
Condominium No. 16 Year 1985 and as well the Law of Condominium No. 20
Year 2011. Resident’s Association is given the authority as the legal entity and
having its own articles of association and articles of maintenance which entitle to
conduct a legal action outside and inside on behalf of the owners with its given
authorization to implement the safety and tranquility of the condominium’s
environment. However, there are Resident’s Association which not implement its
duty with good faith by not pursue the wealth of the residents and owners of the
condominium. These also happens on the Mediterania Palace Residences
Kemayoran Apartment, whereby the Resident’s Association who are obliged to be
the facility to improve the wealth of the residents, precisely became the hindrance
and (illegally) detain the rights of the condominium residents.]"
