Juridical Analysis Of Foundations That Do Not Adjust Law Number 28 Of 2004 Concerning Foundations After The Issuance Of The Regulation Of The Minister Of Law And Human Rights Of The Republic Of Indonesia Number 2 Of 2016
Introduction
The foundation is a legal entity formed by separating wealth to achieve certain goals in the social, religious, and human fields without having members. Along with the development of law and community needs, Law Number 28 of 2004 changed Law Number 16 of 2001 concerning Foundations. This change was made to overcome the inadequacy and ambiguity in old regulations. The existing foundations are required to adjust their articles of association and submit ratification to the Minister of Law and Human Rights. However, many foundations have not made this adjustment, and this causes various juridical problems.
Foundations that do not adjust their articles of association to Law Number 28 of 2004 cannot use the term "foundation" in front of its name. Furthermore, the foundation can be dissolved through the decision of the District Court. This shows that compliance with law is very important for the sustainability of a foundation. On the other hand, foundations that do not renew their legal documents also face the risk of severe legal sanctions.
The Position of the Foundation that Has Not Yet Adjusted
Foundations that do not adjust their articles of association to Law Number 28 of 2004 are considered to be in a precarious position. They are not in compliance with the law, and this can lead to severe consequences. The foundation cannot use the term "foundation" in front of its name, which can cause confusion among the public and the community. Furthermore, the foundation can be dissolved through the decision of the District Court, which can lead to the loss of its assets and properties.
The lack of adjustment by the foundation also raises questions about its legitimacy and credibility. If the foundation is not in compliance with the law, can it be considered a legitimate and credible organization? The answer to this question is no. The foundation must adjust its articles of association to Law Number 28 of 2004 to maintain its legitimacy and credibility.
The Role of the Notary in Adjusting the Foundation's Articles of Association
Notary plays an important role in the process of adjusting the foundation's articles of association. Their task includes making a deed of adjusting the articles of association and informing the Ministry of Law and Human Rights using the legal entity administration system. Notary not only acts as a witness in this process, but also as a link that explains the procedure to the relevant foundation.
However, the role of the notary does not always run smoothly. They often face various obstacles in carrying out their duties. One of the main obstacles is the lack of clear provisions in the law regarding the process of submitting the establishment of the foundation. In addition, the lack of socialization from the government regarding new regulations also cause confusion among foundations and the community.
Constraints in Implementation of Regulations
In the implementation of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016, the notary experienced several obstacles. From a juridical perspective, the law has not provided a detailed explanation of the procedure for establishing a foundation based on the legal entity administration system. This creates legal uncertainty that can influence the foundation's decision to make adjustments.
From a sociological point of view, people often do not understand existing regulations, and are not open to the explanation given by the notary. This attitude can hamper the notary efforts to ensure the compliance of the foundation for applicable regulations, so that it requires them to find alternative ways in providing understanding to the public about the importance of adjusting the articles of association.
The Importance of Socialization and Understanding of New Regulations
Good socialization and understanding of new regulations must continue to be improved to create a healthy legal environment for foundations in Indonesia. The government, notaries, and foundations must work together to ensure that the foundation is aware of the importance of adjusting its articles of association to Law Number 28 of 2004.
The notary must also play a crucial role in explaining the procedure to the foundation and ensuring that they understand the importance of adjusting their articles of association. The notary must also be aware of the obstacles that they may face in carrying out their duties and must find alternative ways to overcome these obstacles.
Conclusion
It is essential for the foundation to adjust its articles of association with Law Number 28 of 2004 to maintain its legality. The role of the notary in this process is very crucial, even though they face various obstacles both in terms of juridical and sociological. Good socialization and understanding of new regulations must continue to be improved to create a healthy legal environment for foundations in Indonesia. Through joint efforts between the government, notaries, and foundations, it is hoped that this adjustment process can run more smoothly and effectively.
Recommendations
- The government must improve socialization and understanding of new regulations to create a healthy legal environment for foundations in Indonesia.
- The notary must play a crucial role in explaining the procedure to the foundation and ensuring that they understand the importance of adjusting their articles of association.
- The notary must be aware of the obstacles that they may face in carrying out their duties and must find alternative ways to overcome these obstacles.
- The foundation must adjust its articles of association with Law Number 28 of 2004 to maintain its legality.
Future Research Directions
- The impact of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016 on the foundation.
- The role of the notary in ensuring the compliance of the foundation for applicable regulations.
- The obstacles faced by the notary in carrying out their duties and the alternative ways to overcome these obstacles.
- The importance of socialization and understanding of new regulations in creating a healthy legal environment for foundations in Indonesia.
Q: What is the purpose of Law Number 28 of 2004 concerning Foundations?
A: The purpose of Law Number 28 of 2004 concerning Foundations is to change Law Number 16 of 2001 concerning Foundations to overcome the inadequacy and ambiguity in old regulations. The law requires existing foundations to adjust their articles of association and submit ratification to the Minister of Law and Human Rights.
Q: What are the consequences of a foundation not adjusting its articles of association to Law Number 28 of 2004?
A: The consequences of a foundation not adjusting its articles of association to Law Number 28 of 2004 include the inability to use the term "foundation" in front of its name, the risk of severe legal sanctions, and the possibility of dissolution through the decision of the District Court.
Q: What is the role of the notary in adjusting the foundation's articles of association?
A: The notary plays an important role in the process of adjusting the foundation's articles of association. Their task includes making a deed of adjusting the articles of association and informing the Ministry of Law and Human Rights using the legal entity administration system.
Q: What are the obstacles faced by the notary in implementing the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016?
A: The obstacles faced by the notary in implementing the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016 include the lack of clear provisions in the law regarding the process of submitting the establishment of the foundation, the lack of socialization from the government regarding new regulations, and the lack of understanding among people about existing regulations.
Q: How can the notary overcome the obstacles in implementing the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016?
A: The notary can overcome the obstacles in implementing the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016 by finding alternative ways to provide understanding to the public about the importance of adjusting the articles of association, by improving socialization and understanding of new regulations, and by working together with the government and foundations to ensure that the foundation is aware of the importance of adjusting its articles of association.
Q: What is the importance of socialization and understanding of new regulations in creating a healthy legal environment for foundations in Indonesia?
A: The importance of socialization and understanding of new regulations in creating a healthy legal environment for foundations in Indonesia is that it can help to ensure that the foundation is aware of the importance of adjusting its articles of association, that the notary can carry out their duties smoothly, and that the foundation can maintain its legality.
Q: How can the government, notaries, and foundations work together to ensure that the foundation is aware of the importance of adjusting its articles of association?
A: The government, notaries, and foundations can work together to ensure that the foundation is aware of the importance of adjusting its articles of association by improving socialization and understanding of new regulations, by providing education and training to the notary and the foundation, and by working together to ensure that the foundation is aware of the importance of adjusting its articles of association.
Q: What are the benefits of adjusting the articles of association to Law Number 28 of 2004?
A: The benefits of adjusting the articles of association to Law Number 28 of 2004 include the ability to use the term "foundation" in front of its name, the avoidance of severe legal sanctions, and the maintenance of the foundation's legality.
Q: How can the foundation ensure that it is in compliance with Law Number 28 of 2004?
A: The foundation can ensure that it is in compliance with Law Number 28 of 2004 by adjusting its articles of association, by submitting ratification to the Minister of Law and Human Rights, and by working together with the notary and the government to ensure that the foundation is aware of the importance of adjusting its articles of association.
Q: What are the consequences of a foundation not adjusting its articles of association to Law Number 28 of 2004 in the future?
A: The consequences of a foundation not adjusting its articles of association to Law Number 28 of 2004 in the future include the possibility of dissolution through the decision of the District Court, the loss of its assets and properties, and the damage to its reputation and credibility.
Q: How can the notary ensure that the foundation is aware of the importance of adjusting its articles of association?
A: The notary can ensure that the foundation is aware of the importance of adjusting its articles of association by providing education and training to the foundation, by explaining the procedure to the foundation, and by working together with the government and the foundation to ensure that the foundation is aware of the importance of adjusting its articles of association.
Q: What are the benefits of the notary playing a crucial role in adjusting the foundation's articles of association?
A: The benefits of the notary playing a crucial role in adjusting the foundation's articles of association include the ability to ensure that the foundation is aware of the importance of adjusting its articles of association, the ability to provide education and training to the foundation, and the ability to work together with the government and the foundation to ensure that the foundation is aware of the importance of adjusting its articles of association.