Legality of the legal entity of the foundation as a continuation of the former foundation which contains the assets of the former foundation

10.2478/bjlp-2023-00000199

Abstract

Foundations that have been established before the enactment of Law Number 16 of 2001 concerning Foundations jo Law Number 28 of 2004 must adjust to these provisions. Ratification of the legal entity of the Foundation which in the deed there is a presumption of continuation of the old Foundation including its assets, must fulfill the legality aspect. Meet the requirements for the establishment of a Foundation which in its Deed of Establishment Contains Presmise of the Continuation of the Old Foundation Including Assets to Apply for Legal Entity Status. It is hoped that it can provide important input for the interests of the State, especially the community in the establishment of a foundation that contains the premise of the continuation of the old foundation including its assets in order to avoid disputes in the future. The legality of the Legal Entity of the Foundation as a continuation of the old Foundation which includes the assets of the old Foundation must meet the requirements as contained in the provisions of Government Regulation of the Republic of Indonesia Number 2 of 2013 concerning Amendments to Government Regulation Number 63 of 2008 concerning Implementation of the Law on Foundations. Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 2 of 2016 concerning Procedures for Submission of Applications for Legal Entity Ratification and Approval of Amendments to the Articles of Association as well as Submission of Notification of Amendments to the Articles of Association and Changes in Foundation Data and the approval of the founders of the old Foundation.