Another judicial review hearing of Law No. 20 of 2011 on Condominium to hear the House, Tuesday (7/26/2022). Photo by Humas MK/Ifa.
Tuesday, July 26, 2022 | 15:09 WIB
JAKARTA, Public Relations—The material judicial review hearing of Law No. 20 of 2011 on Condominium continued in the Constitutional Court (MK) on Tuesday, July 26, 2022 to hear the House of Representatives (DPR).
House Commission III member Arsul Sani said Article 50 of the Condominium Law only defines condominiums as a building for residence or mix-use, so public, state, and commercial condominiums must be functioned as such.
“Law No. 16 of 1985 on Condominiums in conjunction with a government regulation determined condominiums for residence and not residence, so there has been a change in the Law where condominiums are prioritized for residence. Nevertheless, condominiums for purposes other than residence is accommodated in the Law, i.e. for mix-use,” he stressed.
He explained that for the certificate of condominium unit ownership, the condominium must be used for either residence or mix-use following Article 50 of the Condominium Law. Thus, the certificate cannot be issued for condominiums that are not used for either use. A condominium might not only be a private self-managed property but could have joint parts, objects, and land, and could be managed jointly as it is in the interest and relates to the livelihood of many.
He added that Condominium Owner and Tenant Association (PPPSRS) must be formed for the management of condominiums, and must comprise owners or tenants. Therefore, regulation of the PPPSRS in the Law is expected to regulate, manage, and guarantee the order and harmony in managing joint parts, objects, and land.
Arsul added that nowadays residential properties have varied, including condominium hotels or condotels, which the Petitioners questioned. “All of the construction and management of condotels must refer to the Condominium Law, starting from the use, the ownership, the issuance of certificate of ownership, and the formation of PPPSRS,” he stressed.
The management of condotels as a form of condominium must comply with the Condominium Law, which stipulates that commercial condominiums must have mix-use.
The case No. 62/PUU-XX/2022 was filed by owners of a condotel (condominium-hotel) Rini Wulandari, Hesti Br Ginting, Ir. Budiman Widyatmoko, and Kristyawan Dwibhakti (Petitioners I-IV). They challenge Article 50 of the Condominium Law, which reads, “The use of multi-story buildings shall be conducted in accordance with the function: a. residence; or b. mix-use.”
At the preliminary hearing, the Petitioners argued that a condotel that is not functioned for residence or mix-use kept them from forming a Condominium Owner and Tenant Association (PPPSRS) to deal with the interests of the owners and residents in terms of management, ownership, and occupancy. This led to the property (the multi-story unit complete with communal parts, objects, and land) not being owned by the Petitioners but the developer.
It also resulted in their condominiums not being able to be issued a certificate of condominium unit ownership for. Then, in their petition, they that the Court declare Article 50 of the Condominium Law conditionally unconstitutional and not legally binding as long as it is not interpreted as including “not a residence.”
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/27/2022 09:59 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.