The cancellation of the Establishment Deed due to the Existence of Dualism in the Leadership of P3SRS at Bogor Valley Apartment
Year: 2025
Type: article
Abstract: P3SRS is a legal entity that manages apartments and consists of an association of residents. It can be dissolved if there is dualism in its management that disrupts the performance of its duties. Prolonged dualism in management can be a reason for the District Court to revoke the deed of establishment of P3SRS upon request of interested parties. The purpose of this research is to investigate whether the dualism in the management of P3SRS Apartemen Bogor Valley can be the basis for revoking the deed of establishment of P3SRS and to evaluate the legal consequences on the legal entity status of P3SRS and the future management of the apartment. This normative legal research uses a statutory and conceptual approach with primary and secondary legal materials related to P3SRS and revocation of legal entities. Data is collected through literature study and analyzed qualitatively to answer the issues of dualism in P3SRS management and revocation of its deed of establishment. The results show that the dualism in the management of P3SRS Apartemen Bogor Valley can be a reason for revoking the deed of establishment of P3SRS based on applicable laws and regulations. This is based on Law Number 20 Year 2011 on Apartments Article 70 paragraph (2) which states P3SRS that does not carry out its obligations can be dissolved and Article 71 which allows the revocation of the deed of establishment of P3SRS through the District Court. In addition, Law Number 40 Year 2007 on Limited Liability Companies Article 68 also allows the revocation of a legal entity if it is impossible to achieve its aims and objectives. The legal consequences of revoking the deed of establishment of P3SRS Apartemen Bogor Valley are the dissolution of the legal entity status of P3SRS along with its organs and membership. The management of the apartment will be transferred to the Bogor City Government which can establish a replacement management body or appoint a professional third party. The replacement management body is tasked with continuing the management of the apartment with funding from monthly fees from owners and residents.
Source: Syiah Kuala Law Journal
Authors: Berlinaldo Patanroi, Ahmad Sudiro
Institution: Tarumanagara University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409800925