TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM PEMBINA YAYASAN YANG MELAKUKAN PENYALAHGUNAAN WEWENANG DALAM PERGANTIAN ORGAN YAYASAN

Balhmar, Naflah Lukman (2024) TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM PEMBINA YAYASAN YANG MELAKUKAN PENYALAHGUNAAN WEWENANG DALAM PERGANTIAN ORGAN YAYASAN. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The replacement of foundation organs occurs when their term of office has expired and they are not re-elected, or if the foundation organs have committed acts deemed detrimental to the foundation by the foundation's founders, who are the highest organ within the foundation. This replacement is conducted based on a founders' meeting and recorded in a founders' meeting resolution. If the founders' meeting does not comply with the quorum requirements as stipulated in the Foundation Law and Articles of Association, the founders have committed an unlawful act and must be held responsible for their actions. This study employs normative research methods using statutory and conceptual approaches. The purpose of this research is to determine the forms of unlawful acts committed by founders in the replacement of foundation organs and the legal consequences arising from such unlawful acts. The research findings indicate that the unlawful acts committed by founders in replacing foundation organs involve abuse of authority by not adhering to the quorum requirement of two-thirds of founders as stipulated in Article 18 Paragraph (2) of the Foundation Law. The responsibility for such unlawful acts by the founders refers to civil liability according to Article 1365 of the Civil Code. The legal consequences of unlawful acts in the replacement of foundation organs include dual leadership within the foundation, the invalidity of decisions made by the new organs appointed unlawfully as the founders' meeting resolution is void by law, and losses to third parties. Keywords: Unlawful Act, Foundation Founder, Foundation.

Item Type:

Thesis (Undergraduate)

Contributors: