Perbuatan Melanggar Hukum Oleh Pihak Developer Apartemen dalam Pembentukan Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun

Dayati, Sayekti Putri (2025) Perbuatan Melanggar Hukum Oleh Pihak Developer Apartemen dalam Pembentukan Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Land constraints in large cities have led to the massive construction of apartment buildings as a modern housing solution. However, the formation of the Association of Apartment Owners and Residents (PPPSRS), which often does not comply with the provisions of Law Number 20 of 2011 concerning Apartment Buildings, has created legal uncertainty for owners and/or residents. Case examples show that temporary PPPSRS practices are carried out without official registration, leading to allegations of unlawful acts by developers. This study examines the civil law aspects related to PMH in the formation of PPPSRS based on Law No. 20 of 2011 and Article 1365 of the Civil Code, using the case study of Decision No. 177/Pdt.Gs/2024/PN.Sby. The issues in this study are whether the formation of the PPPSRS in the One Icon Residence apartment complex constitutes an IL, the legal consequences that may arise, and the efforts to resolve them. This study uses a normative legal method with a legal, conceptual, and case study approach. The results of the study indicate that the developer's actions do not constitute tort because there is a legal vacuum in the regulations concerning apartment buildings in superblock areas. If, in the future, the PPPSRS is proven to have committed tort, the owners and/or residents can seek redress through either non-litigation or litigation. This study suggests that prospective owners and/or residents should understand their rights and obligations and ensure all legalities related to the apartment building before purchasing or moving in, while developers can maintain compliance with laws and regulations and provide regular updates on developments in regulations related to the superblock area. Keywords: Unlawful Acts, Developer, Apartment, PPPSRS

Item Type:

Thesis (Undergraduate)

Contributors: