LEGAL ENTITY STATUS OF APARTMENT OWNERS AND OCCUPANTS’ ASSOCIATION; CONTROVERSIES AMONG REGULATIONS IN INDONESIA

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Gunawan Widjaja

Abstract

In principle, for an organization to be able to perform its activities as a human being, it must be acknowledged as a legal entity. The same applied to the Apartment Owners and Occupants’ Association. This research aims to discuss the historical development and the controversies about the legal entity status of the Apartment Owners and Occupants’ Association in Indonesia. The research is normative legal research using secondary data. Analysis was conducted qualitatively by examining the disputing legal norms on the legal entity status of Apartment Owners and Occupants’ Association among several relevant regulations of the apartments in Indonesia. The research finds that there was some inconsistency in the lower regulations, especially local government regulations, in interpreting the legal entity status of the apartment. However, further, development proves that the latest lower central government regulations have already in line with the instruction provided in the law of apartments. The research suggests that local government shall amend their regulations about the apartment to make it consistent with the latest central government regulations.

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