Archive for August, 2009

The Legal Status and Power of Tenant Association

In a strata title concept, there is unit of strata title that can be owned separately and also jointly common equipment, common facility, and common land in line with the calculation of the proportional comparative value. That is why there should be a regulation on utilization and management by Tenant Association (Perhimpunan Penghuni) as a legal entity that will be responsible to manage the shared interest of owners and strata title tenants.

Tenant association is regulated in Articles 19 Law No. 16 of 1985 on Condominium (the ”Law of Condominium”). Tenant Association has a legal capacity as a legal entity under its Article of Association and Bylaws. According to Article 54 Government Regulation No. 4 of 1988 (“GR No. 4 of 1988”), Tenant Association can act for and on behalf of the strata title holders, externally and internally, for creating an orderly and peaceful environment within the condominium building. In other words, Tenant Association is similar to neighborhood association management (RT/RW) which can be used as a place to accommodate tenants’ aspirations and who is entitled to manage the condominium properly so that every facilities can function nicely for the tenants’ interest. Read the rest of this entry »

No Comments

Condominium Development Policy

Housing and residence are every human being basic needs. With the increasing number of inhabitants, the land space provided becomes very limited. Because of that, houses are made in a multistory structure or commonly known as condominium (rumah susun). The development of condominium is an alternate problem solution of the needs of housing and residences especially in the cities or urban areas where the inhabitant is always expanding. That is because by developing condominium, the use of land can be suppressed, it provides a more spacious open-air city areas, and it can also be used to rejuvenate a city from the slum areas.

Indonesia has a law that regulate condominium, it is Law No. 16 of 1985 about Condominium (the “Law of Condominium”). The definition of condominium according to Article 1 number (1) on the Law of Condominium is a multistory structure building built in an environment that is divided into parts which functionally structurize horizontally and vertically and consist of units that can be owned individually and can be used separately, particularly for residence, which is completed with shared parts, shared properties, and shared land.

The main regulations of condominium are Law No. 16 of 1985 (enacted on December 31, 1985) and Government Regulation No. 4 of 1988 (enacted on April 26, 1988). There are also other regulations that specifically regulate condominium or strata title.

Direction of policy for condominium in Indonesia can be found within the Law of Condominium, there are three (3) essential substances, which are: Read the rest of this entry »

, , , , , , , ,

No Comments