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Organizing the Annual General Meeting of Members, Extraordinary General Meeting of Members, and Consensus on the Establishment of PPPSRS During the Covid-19 Pandemic

By October 28, 2021 No Comments

The Covid-19 pandemic has affected all areas of life, including the implementation of activities that involves many people. With the implementation of restrictions on public activities, especially in the DKI Jakarta area, regulations are needed regarding the implementation of the Annual General Meeting of Members (“AGMM“), Extraordinary General Meeting of Members (“EGMM“), and Consensus for the Establishment of the Association of Owners and Tenants of Flats (“PPPSRS“), during the Covid-19 pandemic.

Previously, the DKI Jakarta Government had issued regulation regarding the implementation of AGMM, EGMM, and Consensus for the Establishment of Owner and Tenant Association during the non-natural disaster of the Covid-19 pandemic through the Decree of the Head of the Public Housing and Residential Areas No. 24 of 2021 on Guidelines for the Implementation of AGMM, EGMM, and Deliberations for the Establishment of PPPSRS during non-natural disasters of the Covid-19 pandemic (“SK 24/2021”). Nevertheless, the DKI Jakarta Government made additions and changes to the provisions set forth under SK 24/2021 through the Decree of the Head of the Public Housing and Residential Areas No. 420 of 2021 on Amendments to the Decree of the Head of the Public Housing and Residential Areas No. 24 of 2021 on Guidelines for the Implementation of AGMM, EGMM, and Consensus for the Establishment of PPPSRS during non-natural disasters of the Covid-19 pandemic (“SK 420/2021”). The additions and changes to the provisions in SK 420/2021 are as follows:

A. Obligation to Implement Strict Health Protocols, Obligations of Organizers and Provisions Regarding Meeting Room Occupancy Capacity

In the general provisions section on the attachment to SK 24/2021 there are new additional provisions regarding the obligations of the organizers and meeting participants who are physically present, the obligations of the organizers and provisions regarding the capacity of meeting room occupancy.

Organizers and meeting participants who are physically present must follow the health protocol that is strictly enforced, which is (i) having been vaccinated up to the second dose as evidenced by a vaccination certificate, (ii) showing a negative test result for the Covid-19 antigen swab 1×24 hours before the date of the meeting, (iii) meeting participants who have just received the first dose of Covid-19 vaccine or have not received the Covid-19 vaccine at all, must show the meeting organizer the negative result of the PCR test 2×24 hours before the meeting date, and (iv) must wear a mask, wash hands, and maintain a distance between meeting participants while in the building area where the meeting is being held.

The organizer is obliged to provide antigen swab test facilities at the meeting place to anticipate participants who are physically present and cannot show negative results of the Covid-19 antigen swab test 1 x 24 hours, provide a place to wash hands and the necessary sanitation tools, and check the body temperature of each participant. meeting before attending the meeting room and ensuring that the participants’ body temperature is a maximum of 37.5 degrees Celsius. In addition, SK 420/2021 also stipulates that the occupancy capacity of the room is at the most 50% of the maximum capacity of the meeting room.

B. Obligation to Submit Reports to the Public Housing and Settlement Areas Office

PPPSRS is required to submit to the Public Housing and Residential Areas Office (“PHRAO”) the report on the results of the implementation of RUAT or RUALB electronically within 14 days from the date of the meeting by attaching the deed of minutes of AGMM or EGMM, attendance list of AGMM or EGMM, and invitation to organize AGMM or EGMM.

Furthermore, for the organizing of deliberation for the establishment of PPPSRS or EGMM in the context of adjusting the PPPSRS’ organizational structure, articles of association, as well as residential code of conduct, the documents that must be submitted to the PHRAO refer to Governor Regulation No. 132 of 2018 on Guidance on the Management of Owned Flats and its amendments, namely Governor Regulation Number 133 of 2019 on Amendments to the Decree of the Head Governor Regulation No. 132 of 2018 on Guidance on the Management of Owned Flats.

Ghazi Luthfi