Legal protection of foundation organs in connection with changes to the foundation with the same name
DOI:
https://doi.org/10.33448/rsd-v11i10.33007Keywords:
Foundation; Notary deed; Foundation dispute.Abstract
This study was conducted to examine the problems of the Foundation's dispute in connection with the amendment to the articles of association that use the same name, as well as to examine the legal protections for the Foundation's organs with legal standing. The research method employed was normative legal. The goal of this method is to evaluate the benefits of legislation for legal subjects, rights and obligations, legal events, legal relations, and legal objects. The data was collected in the form of literary data by collecting primary legal materials such as laws and court decisions, as well as secondary legal materials such as books, journals, and documents. The qualitative data analysis technique was used to provide an assessment of the implementation of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations in terms of the legal protection of Foundation organs. According to the study's findings, changes to the articles of association made by a foundation organ with legal standing will provide legal protection and certainty. A notary who makes a deed of amendment to the articles of association of the foundation inaccurately results in the deed being canceled.
References
Bachrudin. (2021), Hukum Kenotariatan. Thema Publishing. Yogyakarta..
Hartanti Sulihandari & Nisya Rifiani, Prinsip-Prinsip Dasar Profesi Notaris Berdasarkan Peraturan perundang-Undangan Terbaru, (Jakarta: Dunia Cerdas
Henricus Subekti at el, (2013), Yayasan, Solusi dengan berlakunya PP No. 2 Tahun 2013 (Yogyakarta: Cakrawala Media)
Mulyoto, (2016) Legal Standing (Yogyakarta: Cakrawala Media)
Peter Mahmud Marzuki, (2011) Penelitian Hukum, (Jakarta: Kencana, Vol. 7)
Journals
Hidayah. Pertanggungjawaban Organ Yayasan Atas Pailitnya Yayasan Menurut Undang-Undang Nomor 16 Tahun 2001 Jo Undang-Undang Nomor 28 Tahun 2004 Tentang Yayasan. Transparency, Jurnal Hukum Ekonomi, June 2013.
Legislation
Indonesian Civil Code
Government Regulation number 2 of 2013 concerning Amendments to Government Regulation number 63 of 2008 concerning the Implementation of the Law on Foundations
Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position.
Law number 28 of 2004 concerning Amendments to Law number 16 of 2001 concerning Foundations
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