Opinions Opinion

The Role of the Condominium Owners and Residents Association (PPPSRS) for Legal Certainty in the Condominium Environment

Reza Adji Maulana S.IP

Contributor

07 Apr 2024 · 06:59 07 April 2024 06:59 WIB 6 minutes reading time: 6 minutes 2 read

This article will discuss the certainty provided by the Condominium Owners and Residents Association (PPPSRS) in assisting condominium residents.

The Role of the Condominium Owners and Residents Association (PPPSRS) for Legal Certainty in the Condominium Environment

Opinion Note

This opinion article was written by a contributor/columnist. The views expressed are entirely the responsibility of the author and do not necessarily represent the views of the editors.

CONTRIBUTOR PROGRAM

You can become a columnist at Legal Literacy.

Submit your legal opinion/analysis writing. If it is published, you have the opportunity to obtain a payout/honorarium in accordance with the provisions.

Submit Article Read Guidelines

Table of Contents

What is the definition of PPPSRS?
Requirements for the Establishment of PPPSRS
Tasks of the PPPSRS
Why is PPPSRS Important?

Section 3/3: Tasks of the PPPSRS

Tasks of the PPPSRS

The purpose of establishing the Condominium Owners and Residents Association is to carry out legal actions that are deemed necessary for the interests of the Owners and Residents of condominium units and to help maintain the environment and facilities available in the condominium, manage the joint land, joint parts, and joint rights of the condominium. The tasks, rights, and obligations of the Condominium Owners and Residents Association and the Owners and Residents of the condominium are outlined in the AD of the Condominium Owners and Residents Association, taking into account the rights and obligations of the Owners and Residents of the condominium as regulated in Article 61 of Government Regulation No. 4 of 1988, namely:

Resident's Rights
Utilize the condominium and its environment, including common parts, common property, and common land, safely and orderly.
Obtain protection in accordance with the Articles of Association and Bylaws of the PPPSRS.
Elect and be elected as a Member of the Condominium Owners and Residents Association.
Resident's Obligations
Comply with and implement the rules of order in the condominium and its environment in accordance with the Articles of Association and Bylaws.
Pay management fees and fire insurance premiums.
Maintain the condominium and its environment, including common parts, common property, and common land.

Every Resident is prohibited from:

Committing acts that endanger the security, order, and safety of other Residents, buildings, and the condominium environment.
Changing the form and/or adding buildings outside the condominium unit owned without the approval of the Condominium Owners and Residents Association.

Based on Article 59 of Government Regulation No. 4 of 1988, the main tasks of the PPPSRS are:

Ratification of the AD ART prepared by the management in the general meeting of the PPPSRS.
Fostering Residents towards awareness of harmonious, harmonious, and balanced co-existence in the condominium and the condominium environment.
Supervising the implementation of the provisions contained in the AD ART.
Organizing administrative tasks of Occupancy.
Appointing or forming and supervising the management body of the condominium and the condominium environment.
Organizing bookkeeping and financial administration separately as the assets of the PPPSRS.
Establishing sanctions for violations that have been stipulated in the AD ART.

Why is PPPSRS Important?

Some of the disadvantages that can occur if a condominium does not yet have a PPPSRS is the absence of a legal entity as a regulator in the management of the condominium. One example is the case in 2010 in a condominium built by the Provincial Government of DKI Jakarta where this condominium did not yet have a Condominium Owners and Residents Association, so at that time there was a lack of clarity in the professional management of the condominium and caused the condominium building to be abandoned. Here, the role of the PPPSRS is very necessary for the management of the condominium.

The absence of PPPSRS (Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun, or Association of Apartment Unit Owners and Residents) to regulate regulations not only causes difficulties for Owners and Residents in managing the administration they must carry out as Owners and Residents, such as paying dues to manage the building, cleanliness, parking, taxes, and so on, but can also trigger criminal practices into the apartment environment. One example is the case of prostitution practices in apartments in Jakarta, which flourished in 2015 at the Kalibata Apartment. One of the reasons why the prostitution business flourished in commercial or private apartments is the absence of a Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun. As a result, apartment residents cannot properly monitor guests entering and leaving the apartment building.

From the explanation of the case above, it can be concluded that PPPSRS is still very necessary and relevant for apartment residents and apartment owners. With the existence of PPPSRS, legal rules in the apartment environment can be enforced effectively. The Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun can also be a forum for discussion for the community in the apartment environment in terms of management and regulation in apartments. Without a legal entity such as the Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun in the apartment environment, legal regulations in the apartment environment become ineffective.