Legal Protection of Foundations of Land Ownership Which Is Named to the Management

Abstract

The purpose of conducting this research is to analyze and determine the status of land ownership by foundations whose initial ownership was before the enactment of the Law on Foundations on behalf of the foundation management. The research method used is a sociological juridical research. While the research approach used is a statutory approach, history, cases, and a philosophical approach. The results of the study show a tendency that the existence of a foundation which has historically originated from relying on colonial doctrine, jurisprudence, and regulations, makes the foundation's status as a legal entity does not appear firm. Thus, this has implications for the foundation's rights to manage and own the foundation's wealth and assets. The foundation's wealth and assets are actually important entities for the foundation in carrying out the foundation's activities in order to achieve the foundation's goals. The Law on Foundations only existed in 2002, which once stated that foundations were legal entities engaged in social, religious and humanitarian fields. The positive impact that arises after the promulgation of regulations on foundations is that it makes it easier for foundations to take legal actions, especially in terms of managing the foundation's assets. However, in its development, law must be able to support the sociological development of the legal subject itself. The Law on Foundations is not sufficiently capable of providing legal protection for foundations related to ownership of land rights by foundations. Although under transitional provisions, it has been mandatory for foundations within a certain period of time to adjust the Foundation's Articles of Association and Bylaws with the new law. However, there are no articles that specifically regulate how the transfer of ownership status of foundation assets from before the enactment of the Law on Foundations until after the enactment of the Law on Foundations. So, this research leads to the conclusion that it is necessary to include articles in the Law on Foundations that regulate the ownership status of foundation assets and their transfers.