Reconstruction of Regulations Regarding Foundation in Indonesia Based on Legal Guarantee Value

Abstract

Enactment of Foundation Law and its amendments have not fully brought the Foundation into a new era. Issues related to the Foundation are still found in Indonesia. For instance, is related to business activities run by the Foundation coupled with the main aims of foundation which has function as social and business institutions. Due to this condition, further study need to be established to determine the nature of Foundation in its position as a non-profit legal entity. The present research is normative legal research which uses various approaches which are legal, conceptual, philosophy, and historical. The results of the study indicate that the nature of the existence of a legal entity in the form of a foundation is due to the community's need for the existence of a special legal entity to become a forum or institution that has social, religious, and humanitarian purposes. After the Foundation is legally established as a Legal Entity, the Foundation becomes the property of the community and regardless of the founder. Foundations have a special role that is very much needed to support the vision and mission as well as the goals of the formation of the state, namely social justice for all Indonesian people.