KARAKTERISTIK YAYASAN SEBAGAI BADAN HUKUM DI INDONESIA

Authors

  • Ari Purwadi Fakultas Hukum, Universitas Wijaya Kusuma Surabaya, Jl. Dukuh Kupang XXV No. 54, Surabaya

DOI:

https://doi.org/10.30742/perspektif.v7i1.366

Keywords:

foundation, law

Abstract

Foundation is a corporation that has particular aim in social, religiousness and humanism sector. Its corporate status is obtained after Ministry of Justice and Human Rights approved its Founding Document. The achievement of its aim and business activity is set based on the Statutes mentioned in the Founding Document which referring to the Foundation Regulation. While it has no members, foundation has components such as Advisors and Foundation Board in which, based on the transparency principles and public accountability, a control mechanism should be held, i.e.: 1. Internal control, by the foundations component named Controller; 2. Annual reports; 3. Audit by Public Accountant; 4. Enquete Right by Attorney General or other concerned parties; and 5. Attorney General authority. As a component in the organization, the foundation board responsible for losses caused by ultra vires action and has a possibility of collective responsibility among the member of the board, or along with the advisor in case of a mistake or a carelessness that leads into a bankruptcy.

References

Ali, Chidir, Badan Hukum, Alumni, Bandung, 1976.

Prasetya, Rudhi dan A. Oemar Wongsodiwiryo, Dasar-Dasar Hukum Persekutuan, tanpa penerbit, 1974.

Ratnawati W. Prasodjo, Mengembalikan Fungsi Yayasan Sebagai Pranata Hukum Dalam Rangka Mencapai Tujuan Tertentu di Bidang Sosial, Keagamaan Dan Kemanusiaan, Makalah Seminar Undang-Undang Nomor 16 Tahun 2001.

Saragih, R.F., “Yayasan Dan Permasalahan Di Indonesia”, Era Hukum, No.3.Th. IV Januari 2000.

Setiawan, “Tiga Aspek Hukum Yayasan”, Varia Peradilan, Th. V. No. 55 April 1990.

Undang-Undang Republik Indonesia Nomor 16 Tahun 2001 Tentang Yayasan (LNRI Tahun 2001 Nomor 112).

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Published

2006-01-29

Issue

Vol. 7 No. 1 (2002): Edisi Januari

Section

Articles

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