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All Journal Jurisprudentie Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Putra, Hendi Sastra
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Dualism of Foundation Governance and Its Legal Implications: A Legal Analysis of Court Decision No. 6/Pdt.G/2025/PN Agm on Civil Wrongdoing Puspita, Dela; Mayasari, Riri Tri; Putra, Hendi Sastra; Ardinata, Mikho
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8510

Abstract

Disputes over foundation governance in Indonesia are frequently resolved through formal administrative approaches, often overlooking the substantive legitimacy of founders and internal procedures. This study analyzes judicial reasoning in Court Decision No. 6/Pdt.G/2025/PN Agm, specifically regarding the validity of management and its alignment with the principle of legality. Utilizing normative legal methods, including statutory, conceptual, and case approaches, this research examines court decisions, legislation, and academic literature. The findings suggest that the court prioritizes administrative aspects over statutory requirements, including founders' meetings and articles of association. This leads to non-normative reasoning, including the pragmatic assumption that "whoever produces the document first prevails." Additionally, the absence of notary involvement in examining amended deeds resulted in formal defects, as notarial deeds cannot be legally assessed without the presence of the drafter. The study concludes that foundation dispute resolution must strike a balance between formal and substantive legality, while ensuring a comprehensive examination of notarial deeds. This research contributes to the discourse by highlighting the need for harmonized judicial practice and evaluating the procedural role of notaries in cases involving dual governance.
Civil Law Analysis of the Blood Supply Cooperation Agreement between PMI Seluma and RSUD Tais Ahmad Ali Widodo; Hangabei, Sinung Mufti; Putra, Hendi Sastra; Ardinata, Mikho
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.63406

Abstract

Blood availability plays a strategic role in health services because it directly affects patient safety and the continuity of medical treatment. In Seluma Regency, the collaboration between the Indonesian Red Cross (PMI) and Tais Regional General Hospital (RSUD) is outlined in a Memorandum of Understanding (MoU) to ensure a safe, adequate, and timely blood supply. However, its implementation still faces various obstacles, such as limited stock and delays in distribution, which have the potential to disrupt health services and patient rights. This study aims to analyze the implementation of the MoU from a civil law perspective, focusing on the validity of the agreement, the fulfillment of the rights and obligations of the parties, and the dispute resolution mechanism. The method used is normative legal research supported by empirical data through a review of the Civil Code, contract theory, and field findings. The results of the study show that the MoU has met the requirements for a valid agreement according to Articles 1320 and 1338 of the Civil Code, but there are still weaknesses in the implementation of the contract that have the potential to cause default, thus requiring the strengthening of regulations and supervision of cooperation.
Co-Authors Ahmad Ali Widodo Ardinata, Mikho Hangabei, Sinung Mufti Mayasari, Riri Tri puspita, dela