Notary Role In Assets Transfer Process From a Hospital Foundation Become a Limited Company

Siti Anggraini, Lathifah Hanim, Djunaedi Djunaedi

Abstract


The establishment of foundations in Indonesia prior to the foundation law was only based on customary law/jurisprudence in practice that developed in the community. The establishment of the foundation itself sometimes deviates from its original purpose, namely as a non-profit copper company with social, religious, and humanitarian purposes, but in the future it is not uncommon for the founders and coaches of a foundation to want to make a profit/profit from their business. The author deliberately takes a case study of a hospital foundation that changes a legal entity and its assets into a PT, namely the author wishes to be able to find out the extent of the role and responsibilities of a notary, and what about this matter when viewed from the point of view of the foundation's laws and regulations. - law PT, whether it is an unlawful act or not. The author in carrying out this case study research, uses a normative juridical method, namely by examining theories and concepts, as well as legal principles and legislation related to research. The results of the study can be concluded by the author that changing a legal entity from a foundation to a PT, is a violation of the law, because it is contrary to the laws and regulations of the foundation and the laws and regulations of PT.


Keywords


Asset Transfer; Foundation; Hospital; Limited Company.

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References


Books:

Evi Hartanti, 2005, Tindak Pidana Korupsi, Sinar Grafika, Jakarta

Chatamarassjid, 2000, Tujuan sosial yayasan dan kegiatan usaha bertujuan laba, Bandung, Citra Adtya Bhakti

Hayati Soeradjo, 1981, Status Hukum Yayasan dalam kaitanya dengan penataan badan-badan usaha di Indonesia, Jakarta

Subekti, 1984, Aneka Perjanjian, Alumni, Bandung

Subekti dan R. Tjitrosudibio, 1995, Kitab Undang-Undang Hukum Perdata, Pradnya Paramita, Jakarta

Ninik Suparni, 1991, Kitab Undang-undang Hukum Perdata, Rineka cipta, Jakarta

Regulations:

Constitution 1945

Code of Civil law

Act No. 2 of 2014 concerning Notary Position

Act No. 28 of 2004 Amendments to Act No. 16 of 2001 concerning 2001 Foundation

Act No. 40 of 2007 Limited company.

Act No. 44 of 2009 concerning Hospitals

Internet:

http://umum-pengertian-blogspot.com/2016/06/pengertian-role-generally accessed on November 18, 2020




DOI: http://dx.doi.org/10.30659/sanlar.3.2.379-397

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