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Reconstruction of Regulation for Establishment of the Owners and Residents Association of Strata Title

Journal: International Journal of Scientific Engineering and Science (Vol.3, No. 1)

Publication Date:

Authors : ;

Page : 47-52

Keywords : ;

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The need for strata title development in urban areas that lack land, but not accompanied by adequate regulation. Indonesia has issued law Number 16 of 1985 concerning the Strata Title, and has been replaced with Law Number 20 of 2011 concerning the Title of the Strata. However, until now there are no laws relating to the management of strata titles, so that matters relating to the management of strata titles are only inserted only in the strata title law, and even then only a few articles, so the law is clearly inadequate. This research is intended to analyze and find the rules for the establishment of Strata title Owners and Residents Associations, which protect the rights of strata title owners and citizens, as well as future regulations. This research is normative juridical research, and using several approaches, namely the approach is conceptual approach, philosophical approach and legal compliance approach between countries. The method of collecting legal materials is done through the Library Research and Analysis of legal materials carried out analytically prescriptively. The results of the study show that the establishment of the Strata title Owners and Residents Association which protects the rights of owners and residents of the strata title, currently there are multiple interpretations so that they do not have legal certainty so that they can eliminate the rights of owners and citizens. In addition, solutions to resolving norms that are vague are difficult to overcome because in strata title law there is no agency that is fully responsible and there is no special court (Tribunal) that can resolve these vague norms in a brief, professional, and final manner finished. Even if there is a general court, but it is not professional, the process is quite long and only casuistic, so it cannot be applied to other cases.

Last modified: 2019-03-30 18:21:03