High Rise Building Management in the Perspective of Law: Indonesian Experience

There are several communal rights, namely: common parts, shared land, and shared objects in term of high-rise building, which subjected to rights that arise in the form of enjoyment and sustainable use of flats or apartments. The government's attention is still at the stage of how to realize and encourage developers to participate in the provision of houses. Instead, there has not been any serious attention to provide guidance so that housing management can be carried out in sustainable manner. This paper intends to restore the rights of the association of apartment owners and occupants (P3SRS), so that they can carry out their duties as managers of apartments as legal entities of associations mandated by law to provide legal protection, legal certainty and the realization of sustainable management of apartments for end-users. This research conducted by using the statute approach and case approach in the light of normative juridical research, which can propose a solution to the potential turbulence in the life of apartments in Indonesia. The results shows that the developer's neglect of the hand-over of communal rights that can lead to uncertainty about the rights of consumers and the loss of civil rights (burgerlijk dood), which are human rights of endusers. In the end, this paper recommends legal actions by reviewing all laws and regulations relating to the establishment of P3SRS as the party who has absolute rights of apartments to achieve legal certainty and legal protection in order to ensure the sustainable management of apartments.