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The Government’s Experts (left-right) Arie Sukanti Hutagalung and Muhammad Ilham Hermawan after sworn in at judicial review session on Act of Low-Cost Apartments (Undang-Undang Rumah Susun –UU Rusun), on Wednesday (21/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court holds further session on Act Number 20 Year 2011 of Low-Cost Apartments (Undang-Undang Rumah Susun –UU Rusun) on Wednesday (21/10), at Plenary Room, the Constitutional Court Building. The Government summons Zein Isa as Witness and Arie Sukanti Hutagalung and Muhammad Ilham Hermawan as Experts.

Giving testimony, Isa claims that he once attends the establishment attempt of the Low-Cost Apartment Occupants and Users Association (Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun –P3SRS) in Kalibata City Apartment. He also admits that there are other committee that established by apartment developer in order to establish the P3SRS. “So, we indeed established the P3SRS. At that time, we already knew that the apartment developer attempted to establish the P3SRS; the developer formed one deliberation committee,” said him.

Deepening witness testimony, Applicant’s Attorney Muhammad Joni asks about two establishment process of the P3SRS in Kalibata City Apartment and its legalization as legal entity. Answering Joni’s question, Isa admits that there are two establishment process of the association and both are yet legalized. “There are two establishment attempts of the P3SRS in our apartment; the occupants attempt to establish the P3SRS and the developer attempts to do so. Answering the second question whether the P3SRS of both have been legalized, recently both the P3SRS haven’t been legalized by the Governor,” said Isa.

Article Meaning

Agrarian law expert Arie Sukanti Hutagalung delivers her view regarding Articles reviewed. According to her, the provision in Article 74 (2) Act a quo which stating the P3SRS membership may interpreted that the P3SRS members are low-cost apartment users (pemilik rusun) or occupants (penghuni) who grant authority from the users and the users. “It means that as long as they are users or occupants that authorized by the developer, they are entitled to be the P3SRS members. As long as the apartment unsold, it is authorized by the developer. So, there must be any authority in the P3SRS,” said her who once attended the establishment attempt.

Hutagalung also says that the word ‘several’ (‘para’) in the phrase ‘several low cost apartment occupants and users’ (‘para pemilik atau penghuni sarusun’ ) in Article 1 Number 21 Act a quo has the same meaning with the word ‘entire’. The reason is the previous Act already use the word ‘several’, instead of the word ‘entire’. Hutagalung says the statement in order to respond Applicant’s argument saying the word ‘several’ may means ‘most’ (‘sebagian’) or ‘largely’ (‘sebagian besar’), resulting in not all occupants or users able to be the P3SRS members. “It is just a technicality of legislation, the word ‘several’ (‘para’) is indeed stipulated since Act Number 16 enacted,” said her.

Regarding Article 75 (4) Act a quo which provides option for the P3SRS to establish or appoint third-party, Hutagalung assesses such provision is a policy. “Legislators of the Act a quo intentionally make option to the P3SRS as legal entity, whether the P3SRS willing to establish itself or appoint third-party,” said her.  

The Government also summons hermeneutic expert Muhammad Ilham Hermawan. Regarding Applicant’s argument saying the word ‘several’ (‘para’) in Article 1 number 21 Act a quo contrary to the Constitution if it is not interpreted as ‘entire’ (‘seluruh’), Ilham explains that the word ‘several’ is an inclusion word that refer to assembly that has relation or bond between members of the assembly. Thus, the word ‘several’ regarding the P3SRS consists of several occupants and users. “So, the word ‘several’ in the P3SRS is addressed to several occupants and users. In my opinion, the word ‘several’ is already appropriate because the meaning of it is in accordance with the objective of the P3SRS establishment,” said Hermawan.

After hearing witness’ and experts’ testimony, Justice Panel led by Chief Justice Arief Hidayat declares that the next session will be held with agenda verdict announcement. Thus, the Court asks entire parties to submit conclusion of the sessions to Court’s Registrar not later than Thursday (29/10).

As known, the Applicants assess the word ‘several’ (‘para’) in the phrase ‘several low cost apartment occupants and users’ (‘para pemilik atau penghuni sarusun’ ) in Article 1 Number 21 Act a quo are unclear and cause legal uncertainty, as well as threaten Applicant’s property protection that guaranteed by the 1945 Constitution. According to the Applicant, the use of word ‘several’ could mean most (sebagian) or largely (sebagian besar), therefore, members of the Low-Cost Apartment Users and Occupants Association are not all users and occupants. It is detrimental to users because it opens opportunity for the establishment of other associations, which cause the PPPSRS not considered as a single legal entity in the organization of low-cost apartments.

The Applicants consider there are legal norm differences and inconsistencies on Article 59 (1) if associated with the elucidation of Article 59 (1) Act of Low-Cost Apartments which defines ‘transition period’ (‘masa transisi’) is the period when the apartment is not entirely sold. This inconsistent provision could harm the Applicant and contrary to Article 59 (2) Act a quo which defines transition period is set within one year since the first unit handover. The phrase ‘within one year’ (paling lama 1 (satu) tahun) disclaims developer’s responsibility, thus the provision on Article 59 (2) Act of Low-Cost Apartments is unfair and it justifies developer’s responsibility disclaim on its product, in this case the apartment. (Panji Erawan/IR/Prasetyo Adi N)

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