Perlindungan Hukum Bagi Pembina Yayasan Dalam Pengantian Pengurus Terkait Gugatan Pengurus Lama

Abstract

Law Number 16 of 2001 concerning Foundations Article 18 which states (1) Changes to the Articles of Association can only be implemented based on a meeting of supervisors. (2) The Board of Trustees meeting as intended in paragraph (1) can only be held if attended by at least 2/3 of the total members of the Board of Trustees. (3) Changes to the Articles of Association as intended in paragraph (1) are carried out by notarial deed and made in Indonesian. Thus, changes to the Articles of Association do not require approval from the management, however, this often gives rise to legal problems in the future, including those of the old management who do not accept being dismissed unilaterally.The method used in this research is normative juridical research, which involves legal library studies or secondary data, using primary, secondary, and tertiary legal sources. The research approach includes statutory and case approaches, with legal material collection conducted by identifying and inventorying positive legal rules, books, journals, and other legal resources. Legal material analysis is conducted using grammatical legal interpretation and legal construction methods.From the results of research on changes in foundation management without the approval of the old management, it is possible that a deed of change to the articles of association can be made even without the approval of the old board, this action can give rise to disputes and indicate a lack of preventive legal protection for the old management regarding the deed of changes to the articles of association.