Theorizing Justice: An Analysis of the Supreme Court’s Legal Reasoning on a Dispute over the Management of Apartment Complexes in Indonesia

DOI

10.2991/978-2-38476-519-5_46How to use a DOI?

Keywords

supreme court decision; apartment law; theory of justice; vertical housing disputes

Abstract

This article discusses the Decision of the Supreme Court of the Republic of Indonesia No. 1285 K/Pdt/2023 concerning a dispute between the Association of Owners and Residents of Apartment Units (PPPSRS) of Mangga Dua Court Apartments and the developer, PT Duta Pertiwi Tbk., regarding the control and management of the apartment complex. This disagreement shows a very important legal issue in Indonesia’s vertical housing market, where the rights of owners and residents regularly clash with the interests of developers. This paper employs a normative juridical framework alongside theories of justice to scrutinize the legal reasoning of the Supreme Court, referencing John Rawls’ theory of justice as fairness and Amartya Sen’s capacity approach. This theoretical framework is utilized to evaluate the degree to which the choice embodies substantive justice, especially concerning residents’ involvement, equitable allocation of management responsibility, and the legal safeguarding of the PPPSRS’s status. The research indicates that while the Supreme Court grounded its decision in the prevailing normative provisions, it has not comprehensively addressed the issue of fairness in a more substantive manner. This essay contends that courts ought to embrace a more justice-oriented interpretative methodology in adjudicating conflicts pertaining to apartment living.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - N. Budi Arianto Wijaya
AU  - Rahayu Subekti
AU  - Erna Dyah Kusumawati
PY  - 2025
DA  - 2025/12/29
TI  - Theorizing Justice: An Analysis of the Supreme Court’s Legal Reasoning on a Dispute over the Management of Apartment Complexes in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 581
EP  - 593
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_46
DO  - 10.2991/978-2-38476-519-5_46
ID  - Wijaya2025
ER  -