LEGAL PROTECTION OF JOINT SECTION MANAGER OF RAJAWALI TOWER EDELWEISS CONDOMINIUM FLATS (PPRSH-KRME)
Journal: International Journal of Advanced Research (Vol.11, No. 08)Publication Date: 2023-08-05
Authors : Suryani Thamrin;
Page : 638-650
Keywords : Flats Joint Part Legal Protection;
Abstract
There is a case in the decision of the Central Jakarta District Court Number 546/Pdt.G/2014/PN-Jkt.Pst, then the level of appeal is with the decision of the Jakarta High Court Number 514/PDT/2016/PT.DKI, then the level of cassation is with the decision of the Supreme Court Number 2711K/Pdt/2017, then the final attempt at the Review level with the Supreme Court decision Number 299PK/Pdt/2019 regarding the hallway which is a joint part of the flats in the Rajawali Menara Edelweiss condominium residence is certified by PT. Jaya Nur Sukses as the developer on behalf of PT. Jaya Nur Success. Residents Association of Rajawali Menara Edelweiss Residential Flats (PPRSH-KRME) as the manager of the flat filed a lawsuit against PT. Jaya Nur Success, because he was evicted from the location which has been occupied by PPRSH-KRME as the management office. Here there is negligence and intention of PT. Jaya Nur Sukses as the developer in the certificate has elements of unlawful acts. But PT. Jaya Nur Sukses as the defendant still insists on continuing the case to the last stage in a civil case, namely review. The method used is the Legislative Approach and the Case Approach. The research results obtained are that the part that is certified is included in the joint part of the flat, which is jointly owned and is under the management of PPRSH-KRME. Evidenced by the master plan and descriptions as well as witnesses who know that the place was previously used as a management office before it was used for public facilities.
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