Position of Foundation Assets from State Assistance

Mohammad Fahdi, Amin Purnawan

Abstract


The existence of a foundation in the community to achieve various activities, aims and objectives in the social, religious and humanitarian fields has developed rapidly and has more diverse features. However, there are various interpretations of the substance of the Law on Foundations in society, which can lead to uncertainty and legal order. In this connection, a foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. A foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. Based on the Foundation Law, it is stated that the sources of the Foundation's assets can also be obtained from: donations or assistance that are not binding, waqf, grants, testament grants, and other acquisitions that do not conflict with the articles of association or the prevailing laws and regulations. Donations or non-binding assistances are defined as voluntary donations or assistance received by a foundation, whether from the State, the community or from other parties. This research was conducted to analyze problems arising from the position of the foundation's assets originating from state assistance and to find solutions to the problems that arise. The approach method used in this research is normative juridical which is descriptive-analytical in nature. Primary data is obtained using field research methods, while secondary data is obtained through library research. The collected data were analyzed qualitatively. The results of this study indicate that the management of the foundation is still influenced by the bureaucratic structure when viewed from the composition of the personnel of coaches, administrators and supervisors consisting of former local government officials and the Ministry of Religion of Cirebon Regency.

Keywords


Foundation, Foundation Assets, State Assistance

Full Text:

PDF

References


Journals:

Ferdiyanti, M. Indah Verena., Purnawan, Amin., & Soegiyanto. (2019). Setting the Effectiveness of Law Position and Code Notary to the Quality of Performance. JURNAL AKTA: Vol. 6, No. 4, 797-804. Retrieved from http://jurnal.unissula.ac.id/index.php/akta/article/view/7887

Books:

Ali, Chaidir. (1999). Badan Hukum. Bandung: Alumni

Bahari, Adib. (2001). Prosedur Pendirian Yayasan. Yogyakarta: Pustaka Yustisia

Dr. Mulyoto. (2017). Yayasan Rumah Sakit menjadi PT Rumah Sakit. Yogyakarta: Cakrawala

E. Utrecht. (1959). Pengantar Dalam Hukum Indonesia. Print.5, Jakarta: Balai Buku ICHTIAR

Fuady, Munir. (2013). Teori-Teori Besar dalam Hukum. Jakarta: Kencana

Qordhowi, Dr. Yusuf. (1995). Waktu Kekuasaan Kekayaan Sebagai Amanah Allah, Fahmi Huwaidy; penerjemah. Jakarta: Gema Insani Press

Setiawan. (1992). Aneka Masalah Hukum dan Hukum Acara Perdata. Bandung: Alimni

Supramono, Gatot. (2008). Hukum Yayasan di Indonesia. Jakarta: Rineka Cipta

Regulations:

Act No. 16 of 2001 concerning Foundations.

Act No. 28 of 2004 concerning amendments to Act No. 16 of 2001 concerning Foundations.

Act No. 17 of 2003 concerning State Finance.

Act No. 1 of 2004 concerning State Treasury

Act No. 07 of 1983 concerning Income Tax

Government Regulation No. 63 of 2008 concerning the implementation of the Law on Foundations

Government Regulation No. 2 of 2013 concerning Amendments to Government Regulation No. 63 of 2008 concerning the implementation of the Law on Foundations

Government Regulation No. 6 of 2006 concerning State Property Management

Government Regulation No. 58 of 2005 concerning Regional Financial Management

Permenkumham No. 2 of 2016 concerning Procedures for Submitting Applications for Ratification of Legal Entities and Approval of Amendments to Articles of Association and Notification of Amendments to Articles of Association and Amendments to Foundation Data




DOI: http://dx.doi.org/10.30659/sanlar.2.3.178-186

Refbacks

  • There are currently no refbacks.


Sultan Agung Notary Law Review has been indexed in:

Image Image Image Image Image