Kajian Hukum Pengalihan Aset Yayasan Menjadi Milik Pribadi oleh Organ Pengurus (Studi Putusan Nomor 75/Pdt.G/2014/PN.Tsm)

Abstract

Foundation have assets or wealth that are essentially separate from the founder. The foundation’s assets are stated in the articles of association as a positive law that binds upon all of the foundation administrators which has the authority to carry out the administration and representation of the foundation in the foundation's interest. However, the possibility of deviations by the foundation administrators for the misuses of foundation assets could happen. This research is based on the court decision Number 75/Pdt.G/2014/PN.Tsm and discusses: the authority of the foundation administrators over its assets, efforts made to prevent the transfer of assets by the foundation administrators, and legal analysis of the case involving the transfer of foundation assets into personal ownership by the foundation administrators in the context of Decision Number 75/Pdt.G/2014/PN.Tsm. The method used in this thesis is normative juridical research with a descriptiveanalytical approach. The data collection technique used is library research, through document studies and interview guidelines conducted in several foundations in Medan. The foundation administrators has the authority to manage the foundation’s assets, provided such management is solely intended to support the achievement of the foundation’s objectives and goals. The foundation administrators are prohibited from benefiting from the foundation’s assets, except under the conditions specified in Article 5 of Law No. 16 of 2001 in conjunction with Law No. 28 of 2004 concerning Foundations. The principles of transparency and accountability in foundation management must be emphasized to prevent abuse of authority by foundation administrators in managing foundation assets. In Decision No. 75/Pdt.G/2014/PN.Tsm, the actions of the defendants in controlling the disputed land owned by the foundation were deemed unlawful acts. As a consequence, the sale and purchase agreement for the land ownership rights was annulled due to legal defects that rendered the legal act invalid.