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PERBUATAN MELAWAN HUKUM DALAM PENGURUSAN PERHIMPUNAN PEMILIK DAN PENGHUNI SATUAN RUMAH SUSUN.

Authors :
Butar, Daniel Atmario Butar
Salam, Abdul
Source :
Journal of Syntax Literate. Oct2024, Vol. 9 Issue 10, p5693-5709. 17p.
Publication Year :
2024

Abstract

In Law Number 20 of 2011 concerning Flats, PPPSRS is given status as a legal entity. However, in this law there are no provisions regarding Management, let alone regulations regarding other legal entity organs. In fact, the characteristic of a legal entity should be that it has complete organ arrangements. This problem practically continues to the extent of the Management's responsibility for Legal Actions carried out by PPPSRS. In fact, the issue of the lack of clarity regarding the management's responsibilities arose in a legal case between the owner or occupant of the apartment building and the PPPSRS management, with the argument that the management was held accountable because they were accused of having committed an unlawful act as intended in Article 1365 of the Civil Code. Therefore, this topic is interesting to raise with the aim of producing a systematic explanation regarding the Responsibilities of Legal Actions of PPPSRS Management in representing PPPSRS, based on the limitations of existing regulations and a little legal theory of legal entities in Indonesia. This research uses a statutory approach and a case approach. The results of the research are that the Management is not personally responsible for any PPPSRS legal actions that have been carried out in accordance with the principles of PPPSRS management, but is personally responsible for beschikking legal actions that are taken against the law. It was also found that the panel of judges had applied the principle of limited responsibility for the PPPSRS management. [ABSTRACT FROM AUTHOR]

Details

Language :
Indonesian
ISSN :
25410849
Volume :
9
Issue :
10
Database :
Academic Search Index
Journal :
Journal of Syntax Literate
Publication Type :
Academic Journal
Accession number :
180872243
Full Text :
https://doi.org/10.36418/syntax-literate.v9i10.16500