Background
On 24 August 2018, Governor of DKI Jakarta issued a Circular Letter No. 24/prt.m/2018, concerning the Optimization of Encouragement on the Management of Owned Condominium (“SE No. 16/2018”). SE No. 16/2018 was issued to create a comfortable, safe, harmonious and healthy life in the environment of Owned Condominium and addressed to all managers of the Association of Owner and Tenant of Condominium (“PPPSRS”) in the province of DKI Jakarta.
The circular letter essentially requests the following:
Implementation of Management of Owned Condominium
Guideline for implementing a condominium properly comprises:
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Adjustment of the Articles of Association and By-laws as well as its rules of tenancy according to the Decree of the Minister of Public Housing No. 06 / KPTS / BPK4N / 1995 by considering the provisions of Law No. 20/2011. It is noteworthy that around two weeks after this circular letter was sent, the Regulation of the Minister of Public Works and Public Housing on P3SRS was also issued. Accordingly, the request on the adjustment of Articles of Association under this circular letter has to pay attention on the provisions under the latest ministerial regulation;
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delete the provisions on termination of electricity and water utilities as penalty for the delay or non-payment of service charge (Environmental Management Fees) (“IPL“);
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Separation of invoices between the IPL payment components and invoices on the use of electric and water utilities;
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Management of joint equipment, facility, and land is performed by prioritizing the principle of transparency, maintaining communication and involving participation so that harmony of residence in the owned condominium is occurred.
If the PPPSRS does not implement the instructions that listed above as soon as possible, the PPPSRS is subject to sanctions in accordance with the provisions of the laws and regulations.
Kenny Purba
