Pergeseran Tujuan Yayasan dari Sifat Idiel Menjadi Sifat Komersial di Kotamadia Dati II Semarang (Studi Kasus Yayasan Kesehatan)

Abstract

A research on shifting the purpose of a health foundation from ideal nature become commercial nature constitutes an analytic descrivtically whit the approach of law normatively to know what is the causing the shifting of purpose health foundation from ideal nature become commercial nature and how the better ruling of law toward a foundation purposing in the activity of commercial. The primary and secondary data of this research were colleted by using both library and field research by means of documentary study, questionaries and interview. From the result of research shows that the happening the shifting a purpose of health foundation is caused by the foundation used as the means of seeking the benefit instead of public interest but the benefit owned personally by the founders the foundation. In the health foundation, the property had been separated by the founders is not really be separated but still managed by the founders of it. The purpose of establishing a foundation giving the health service to the society is not in the ideal or social function anymore but had shifted become the economic function. It is the effect how high is the expense of health service in the society, so reduce the giving discount cost for the poor. As a legal act for the purpose of a health foundation with profit making activities, the clauses concerning the material requirements in the statute of establishment of the foundation should be explicitly stated that the purpose of the foundation should not be to distribute the profits among its founders or executives. Any violation of this material requirements shall cause termination of the establishment permit of the foundation.