Governor Regulation on PPRSM Is Published to Resolve Problems that Often Occur in PPPSRS, said Meli Budi
Head of the DKI Jakarta Housing and Settlement Area Office (P3M), Meli Budiastuti, said that the Guidance for Guidance for the Management of Flat Housing (PPRSM) was issued to resolve problems that often occur in the Flats and Residents’ Association (PPPSRS). One of them is related to voting rights in the election of PPPSRS administrators and supervisors.
“The developers are still the owners of flats (sarusun) units because they have not been sold in full, so if calculated based on NPP, they will dominate the election of the management,” said Meli Budiastuti as a guest speaker at a seminar at Building No. 7, Jl. Buncit Raya No. 7, Mampang, South Jakarta, Monday (1/4/2019).
After the issuance of the Governor Regulation on PPRSM, PPPSRS made adjustments to the bylaws, organizational structure, and residential rules.
“So this is the main thing that must be done by PPPSRS that is already a legal entity. There are 195 PPPSRS that have been approved by the Governor, and this is the main target of this Governor Regulation, with a time limit of up to 3 months, “said Meli.
This seminar also presented Dr. Abdul Salam, S.H., M.H. as Academics of the Faculty of Law, Universitas Indonesia, and Firdhonal, S.H., S.Pn., M.Kn as Notary and PPAT.
As an academic, Abdul Salam highlighted the provisions of the Governor Regulation on PPRSM which regulate the limitation of power of attorney by apartment owners. Individual flat owners are only permitted to give power to the closest family if they are unable to attend, while in Civil Law there is no limitation in terms of authorization.
“If based on the rules of the Civil Code, of course the power may be granted to anyone,” Abdul Salam said.
While from the Notary’s point of view, Firdhonal revealed that the source of the problem that could become a conflict was the lack of publication of Government Regulations as mandated in the Flat Law which had been issued since 2011.
“It has been eight years waiting for the issuance of Government Regulations but until now it has not yet been published,” Firdhonal said.
Firdhonal also explained his experience in making the Deed and Minutes of the PPPSRS Meeting which was very prone to conflict due to the absence of Government Regulations regulating the further provisions on Flat Housing Law.
“The solution to the potential problems of the PPPSRS is to immediately issue a Government Regulation in accordance with the law,” Firdhonal concluded.
Mualim, the moderator of the discussion, concluded the opinions of legal practitioners that the Government Regulation on PPRSM contained controversy and could potentially cause many claims.
“For that reason, it is better for the DKI Provincial Government to review the provisions of the Governor Regulation on PPRSM which are controversial and cause uncertainty or at least delay the implementation,” said Mualim.
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Source: http://m.tribunnews.com/metropolitan/2019/04/01/pergub-pprsm-diterbitkan-menyelesaikan-permasalahan-yang-kerap-terjadi-dalam-pppsrs-kata-meli-budi
