Kuasa pemerintah Indonesia dan badan pengurusan bersama dalam pengurusan Strata: suatu kajian perundangan

• Main Author: Situmorang, Palmer
• Format: Thesis
• Language: English; English; English
• Published: 2019
• Subjects: JA Political science (General); JS Local government Municipal government
• Online Access: https://etd.uum.edu.my/9284/1/s901110_01.pdf; https://etd.uum.edu.my/9284/2/s901110_02.pdf; https://etd.uum.edu.my/9284/3/s901110_references.docx; https://etd.uum.edu.my/9284/
• Institution: Universiti Utara Malaysia

Strata is a unit-level multi-storey building, equipped with shared parts, shared objects, and shared land. Strata has high risk characteristics that require a quick solution and cannot be delayed if a problem occurs. Lately, there has been an increase in disputes that have come to court resulting from: the fragmentation of legislation; weak understanding of strata owners and residents; lack of government socialization and indecision of the Government; the economic motives of the developer to manipulate the joint management body (“BPB”, resulting in the BPB acting arbitrarily beyond the power of the public authorities, even though the Government has been given the mandate by Law No. 20 of 2011 for fostering strata management. This study analyzes: the extent to which the power of the Government is available in relation to the management of strata designated under legislation in Indonesia; how- the Government implements its power to settle disputes in the management of strata; and how the regulation of strata can be reduced to emphasize the government's power to overcome conflicts in management of strata in the future. This study is done in the qualitative form with a view for describing: the regulation and implementation of the Government's power in strata legislation; data gathering with owners and residents of the strata, government and non-governmental institutions, practitioners and experts. Secondary data and literature including FGD documents and resumes were analyzed descriptively and prescriptively. The study found that the disputes were caused by: fragmentation and unavailability of legislation, neglect by the Government to set a standard for managing strata, and weakness to supervise strata management resulting in the BPB carrying out acts beyond its power and acting arbitrarily. The results of the study suggest the need for a comprehensive, clear and resolute arrangement in the future to enable the Government to use its power to develop strata management. It is necessary to add legislation in the strata sector, especially in the settlement of disputes by internal institutions or mediations under the supervision of the Government whose decisions can be complied with immediately and forthwith despite any attempt by the opposing party to bring the dispute to court.