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Yunus, Nur Rohim
Universitas Islam Negeri Syarif Hidayatullah Jakarta
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Legal Implications on Social and Educational Activities Regarding the Change in The Position of Foundations in Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 1 (2024): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i1.45678

Abstract

This study examines the legal implications of changes to the status of foundations as outlined in Law No. 28 of 2004, specifically regarding their social and educational activities in Indonesia. The purpose of this study is to analyse how changes in the status of foundations as legal entities affect their management, and to identify solutions that can optimise the role of foundations in the social and educational fields. This study employs a qualitative research method, incorporating a literature-based approach and legal analysis. Data were obtained from various sources, including scientific journals, legal literature, and relevant laws and regulations, which were analysed using a normative legal approach. The results of the study indicate that the changes regulated in Law No. 28 of 2004 provide a more substantial legal basis for foundations to carry out social and educational activities more accountably and transparently. However, there are challenges related to the management and supervision of foundations that must be faced, including the potential for abuse of authority by foundation administrators. This study suggests the need for strengthening regulations, more effective supervision, and the application of sound corporate governance principles to ensure that foundations play a maximum role in social and educational activities.Keywords: Legal Implications; Foundations; Social and Educational Activities: Changes in the Status of Foundations
Legal Analysis of a Foundation's Legal Entity Status under Law Number 28 of 2004: Intersection of Social and Commercial Interests Yunus, Nur Rohim; Aji, Ahmad Mukri; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 2 (2025): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45691

Abstract

This study aims to analyse the legal status of foundations by Law No. 28 of 2004 and to examine the legal implications of the misuse of foundation functions between social and business interests. Foundations, as non-profit legal entities, play a strategic role in social and educational activities; however, in practice, there is a potential for the misuse of their functions for business activities that conflict with their social goals. This study employs a qualitative method, combining a literature and legislative approach, which analyses various legal sources and related provisions to explore the legal regulations surrounding foundations, their role in social and business activities, and the legal implications of a foundation deviating from its social goals. The results of the study indicate that although Law No. 28 of 2004 provides a clear legal basis for foundations, the practice of misusing foundation functions for business activities can still occur. Therefore, strict government supervision and adherence to the principles of transparency and accountability are necessary to ensure that foundations continue to operate in accordance with the social goals mandated by law.Keywords: Foundation; legal entity; Law No. 28 of 2004; social activities; business activities; legal implications
Dysfunction and Deviation in the Role of Foundation Organs in Indonesia Mukri, Syarifah Gustiawati; Aji, Ahmad Mukri; Yunus, Nur Rohim
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 1 (2024): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45718

Abstract

Foundations, as non-profit legal entities, play a crucial role in supporting social, educational, religious, and humanitarian activities in Indonesia. However, in practice, many foundations still fail to carry out their organisational functions in accordance with applicable legal provisions. This study aims to analyse in depth the roles and tasks of trustees, Management, and Supervisors of foundations, as regulated in Law No. 28 of 2004, an amendment to Law No. 16 of 2001. It seeks to identify the causes of deviations and structural dysfunction in the management of foundations. This study employs a qualitative, juridical-normative, and empirical approach, utilising data collection techniques that include literature reviews and interviews with representatives from several foundations in Indonesia. The study's results indicate that a gap remains between legal norms and their implementation in the field, particularly in areas such as abuse of authority, conflicts of interest, and inadequate internal supervision systems within foundations. This is due to a lack of understanding of the role of each organ and suboptimal supervision by the Trustees and Supervisors. Therefore, efforts are needed to strengthen institutional and regulatory capacity, as well as legal education for foundation actors, to improve the governance and accountability of foundations sustainably.Keywords: Foundation; Trustees; Management; Supervisor; Law No. 28 of 2004; Non-Profit; Governance
Legal Implications Regarding Changes to The Foundation's Articles of Association according to Law Number 28 of 2004 Yunus, Nur Rohim; Aji, Ahmad Mukri; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 1 (2024): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i1.45722

Abstract

This study aims to analyze the legal implications of changes to the foundation's articles of association, based on the provisions of Law No. 28 of 2004, which amends Law No. 16 of 2001 concerning Foundations. This study employs a qualitative method with a normative legal approach, grounded in a comprehensive examination of laws and regulations, jurisprudence, and relevant scientific literature. The study's results indicate that changes to the foundation's articles of association have a direct impact on the legality of the foundation's organs, the validity of legal relations with third parties, and the potential for legal sanctions if the specified procedures are not followed. The provisions of Law Number 28 of 2004 emphasise the importance of an accountable and transparent organisational structure through a change mechanism that must be legally registered and approved. Failure to comply with this procedure can result in the cancellation of legal actions, the invalidity of deeds, and weaken the foundation's social function in society. Therefore, understanding and socialising the law to foundation administrators is an important step to prevent violations, while ensuring the sustainability of the foundation as a non-profit institution that serves the public interest.Keywords: Foundation; Articles of Association; Changes; Legal Implications; Law Number 28 of 2004
The Relations of Politics, Law, and Economics in a Social Philosophy Perspective Abdurrahman, Abdurrahman; Yunus, Nur Rohim; Setiawan, Refly
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45728

Abstract

The relationship between politics, law, and economics forms the main foundation in the dynamics of national and social life. These three elements not only influence each other structurally but also create a power structure that directly affects the distribution of social justice, policy-making, and the functioning of state institutions. This study aims to examine in depth how the relationship between politics, law, and economics is formed, implemented, and questioned through a social philosophy approach, and how this approach can open up space for criticism of the structural inequalities that occur. The research method used is qualitative with an interdisciplinary approach that combines political, legal, and economic analysis within a social philosophy framework. Data were obtained through a literature review of critical philosophy, social justice theory, and relevant empirical studies. The analysis was carried out reflectively and thematically on concepts such as power, justice, law as an ideological instrument, and political economy in the context of the state. The results of the study reveal that the relationship between politics, law, and economics is often constructed to maintain the dominance of certain groups, rather than achieving social justice. Law is not always neutral, but usually becomes a tool for legitimising economic and political power. Politics also does not always run within the framework of democratic participation, but is often controlled by market interests. Social philosophy plays a crucial role in dismantling these power structures and providing ethical and critical perspectives to promote policy reform and social stability.Keywords: Social philosophy; political law economy; social justice; power; public policy
Limitations of Foundation Business Activities from the Perspective of Law Number 28 of 2004 Concerning Foundations Mukri, Syarifah Gustiawati; Aji, Ahmad Mukri; Yunus, Nur Rohim
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 2 (2025): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i2.45753

Abstract

A foundation as a non-profit legal entity has a vital role in organising social, religious, and humanitarian activities. However, in practice, many foundations are involved in business activities directly and commercially, thus giving rise to legal issues related to violations of the non-profit principle, which is the basis for establishing the foundation. This study aims to analyse the limitations of business activities permitted for foundations according to Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2001 concerning Foundations, and to explain the legal implications for foundations that exceed these provisions. This study uses a qualitative approach with a normative legal research type. The methods used include a statute and conceptual approach, with data sources from laws and regulations, scientific literature, legal documents, and related jurisprudence. The study results indicate that business activities can only be carried out by foundations through capital participation in business entities that are under the intent and purpose of the foundation. Foundations are prohibited from running a business directly and distributing profits to patrons, administrators, and supervisors. Violating these provisions can have legal implications in the form of administrative sanctions up to the foundation's dissolution. Therefore, compliance with legal restrictions is crucial in maintaining the legitimacy and sustainability of the foundation's social function.Keywords: Foundation; Business Activities; Limitations
Responsibility of Foundation Management towards Third Parties Based on Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 2 (2024): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i2.45756

Abstract

A foundation as a non-profit legal entity has a vital role in carrying out social, religious, and humanitarian activities. However, many foundations carry out business activities to support operational costs. This has raised debates regarding the limits of business activities permitted for foundations, especially after the enactment of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. This study aims to analyse legal provisions related to the limits of foundation business activities and evaluate the legal consequences for foundations and administrators who exceed the limits of business activities stipulated in laws and regulations. The research method used is normative legal research with a statutory and conceptual approach. The data sources include laws, legal documents, jurisprudence, and relevant scientific literature. The analysis of legal norms and foundation management practices related to business activities was conducted qualitatively. The study results indicate that Law No. 28 of 2004 explicitly limits foundation business activities only through business entities established by or owned by foundations, as long as the results are used to achieve the foundation's goals. Violating these provisions, such as conducting business activities directly without going through a business entity, can result in legal consequences, including freezing or dissolution of the foundation and personal liability of administrators abusing their authority.Keywords: Foundation; Business Activities; Legal Liability; Administrators, Law No. 28 of 2004.
Dissolution of Foundations Based on Law No. 28 of 2004: Legal Analysis and Practice in Indonesia Yunus, Nur Rohim; Aji, Ahmad Mukri; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 3 (2024): Autum Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i3.45758

Abstract

Foundations as non-profit legal entities strategically support social, religious, and humanitarian activities in Indonesia. However, in practice, many foundations experience stagnation, deviations from their goals, or are misused, requiring dissolution. This study aims to analyse the legal provisions regarding the dissolution of foundations as stipulated in Law Number 28 of 2004 concerning Foundations, and to evaluate the practices and obstacles in their implementation in the field. The research method used is normative legal research with a statutory and conceptual approach. Data were reviewed through a literature study of relevant laws and regulations, jurisprudence, and previous research results related to the dissolution of foundations. The study results indicate that the dissolution of foundations is regulated normatively in Articles 62 to 71 of the Foundation Law, which include dissolution due to the expiration of the term, the objectives achieved, or based on a court decision. However, in practice, many foundations still do not carry out the dissolution process under legal provisions, including weak supervision, minimal understanding of the law by the management, and suboptimal reporting and liquidation mechanisms. In addition, there is no transparent and accountable system in managing the remaining assets of dissolved foundations.Keywords: Foundation; Dissolution; Foundation Law; Legal Entity; Liquidation
Legal Review of Foundation Assets in Law No. 28 of 2004: Protection and Management of Foundation Assets Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 3 (2024): Autum Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i3.45761

Abstract

A foundation is a non-profit legal entity with a strategic role in the social, educational, and humanitarian fields. The existence of foundation assets is the main backbone in ensuring the continuity of its activities. However, practices in the field show various problems such as misuse of assets, non-transparent management, and weak supervision and legal protection of these assets. This study aims to analyse the legal provisions in Law No. 28 of 2004 concerning Foundations, especially regarding asset protection and management, identify practices and challenges foundations face in managing their assets, and provide recommendations for improving relevant regulations and administration. This study uses a qualitative method with a normative and conceptual legal approach. Data sources were obtained from laws and regulations, legal literature, scientific journals, and case studies of foundation dissolution in Indonesia related to asset management. The analysis was carried out by reviewing the applicable legal provisions and reflecting them on factual practices in the field. The study results indicate that although Law No. 28 of 2004 has regulated the prohibition of profit sharing to foundation trustees, administrators, and supervisors, and stipulates provisions regarding the origin of assets and their use, there are still weaknesses in the implementation and supervision mechanisms. Several cases show irregularities by foundation administrators and weak legal protection for donors and beneficiaries. Therefore, there is a need for strengthening regulations, increasing transparency, and more effective supervision from the Ministry of Law and Human Rights and professional third parties. This study is expected to be an academic and practical contribution in improving the governance of foundation assets in Indonesia.Keywords: Foundation Assets; Protection; Management
The Relevance of Law Number 28 of 2004 concerning Foundations in the Development of Educational and Social Institutions in Indonesia Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 4 (2024): Winter Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i4.45764

Abstract

Foundations have a strategic role in organising educational services and social activities in Indonesia. As a non-profit entity, foundations are expected to contribute to community development through professional and sustainable management of academic and social institutions. However, in practice, there are still many deviations in the management of foundations, especially related to governance, financial transparency, and asset protection. This study aims to analyse the relevance of Law Number 28 of 2004 concerning Foundations in supporting the development of educational and social institutions in Indonesia, with a focus on legal provisions, implementation in the field, and implementation challenges. This study uses a qualitative method with a legislative and conceptual approach. Data were collected through document studies of laws and regulations, scientific journals, and case studies of relevant educational and social foundations. The analysis was carried out descriptively-analystically to identify the effectiveness of the regulation and its suitability to the community's actual needs. The study results indicate that Law No. 28 of 2004 has provided a relatively solid legal framework in regulating the organisational structure of foundations, non-profit principles, and restrictions on conflicts of interest. However, there are still weaknesses in the implementation aspect, such as the lack of understanding of foundation administrators regarding legal obligations and weak oversight mechanisms. Therefore, it is necessary to revise several legal norms to be more responsive to educational and social needs, improve legal education for foundation managers, and strengthen the role of guidance by the Ministry of Law and Human Rights.Keywords: Foundation; Law No. 28 of 2004; education; social activities; governance.
Co-Authors A Salman Maggalatung, A Salman Abbas Sofwan Matlail Fajar Abbas Sofwan Matlail Fajar abd rahman dahlan Abdurahman Abdurrahman Abdurrauf Abdurrauf Abu Tamrin Achmad Irwan Hamzani Afidah Wahyuni, Afidah Afrinal Afrinal Agustin, Suciati Ahmad Mukri Aji Al-Fatih, Solahudin Aliyeva Patimat Shapiulayevna Andri Gunawan Andri Gunawan Anggraeni, RR Dewi Anggraeni, RR. Dewi Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Aravik, Havis Arif Mohamad Azhar Annas Arrois, Syaiful Makhi Ula Asep Syarifuddin Hidayat, Asep Syarifuddin Atep Abdurofiq, Atep Azizah Azizah Bambang Ali Kusumo Dianna Primadianti Dien Noviany Rahmatika Disemadi, Hari Sutra Dwi Putri Cahyawati, Dwi Putri Dwi Sulastyawati Dwi Sulastyawati Dwi Sulastyawati Dwi Sulastyawati, Dwi Eleven Saputra Faiqatul Husna Fajar, Abbas Sofwan Matlail Fathinuddin Fathinuddin Fifik Wiryani Fitria Esfandiari Fitriyani Zein Fitriyani Zein Frida Aprillia Wahjudi Gilang Rizki Aji Putra Hamlan Andi Baso Malla Harahap, Putri Ramadayanti Harefa, Meilinda Suriani Harisah, Harisah Havis Arafik Helvis, Helvis Herlina, Ratna Hikmatiar, Erwin Husna, Faiqatul Ida Susilowati Ika Ika Atikah Imam Fachruddin Indithohiroh, Rosa Intana Sari, Tiara Irfan Hielmy Irwan Irwan Karmawan Karmawan karmawan karmawan Khaeruddin Yusuf Kusniawati, Kusniawati Latipah Nasution Latipah Nasution Lubis, Rahmad Mahmudi, Abdul Halim Malla, Hamlan Andi Baso Mara Sutan Rambe Mardhotillah, Ananda Mery Noviyanti Mesraini Mesraini Muhamad Soleh Muhammad Ali Hanafiah Selian Muhammad Ishar Helmi, Muhammad Ishar Muhammad Nasser Muhammad Sholeh Muhammad Sholeh MUHAMMAD SHOLEH Mukhlas, Umlina Mukhlas, Umlina Muttaqin, Ahmad Izza Najih, Mokhammad Nasution, Latipah Noor Prasetyo, Said Novi Rizka Amalia Nur Oktaviana, Ulfah Nur Putri Hidayah Nurul Ummah Permata Mei Kartika Pramuja, Imam Purnama, Desi Putra, Gilang Rizki Aji Raihani, Fina Refly Setiawan Rezki, Annissa Rohmah, Siti Ngainnur Rosdiana Rosdiana Rulia Feriera Saptaning Ruju Paminto Setiawan, Refly Shapiulayevna, Aliyeva Patimat Shapiulayyevna, Aliyeva Patimat Sholahuddin Al-Fatih SIAGIAN, AMRIZAL Siregar, Kamaluddin Sitanggang, Jonatan Pardamean Siti Marwiyah Siti Nurhalimah Siti Nurhalimah Siti Nurhalimah Siti Romlah Siti Romlah Siti Romlah Suhendar Suhendar Suhendar Suhendar, Suhendar Surya Anoraga Syarifah Gustiawati Mukri Taryono Taryono Taryono Taryono Tavia Yuga Ayutia Trini Diyani Trini Diyani Waluyo, St Budi Wicaksono, Galih Wasis Yan Kahnovich Yunasril Ali Yusman Yusman Yusman, Yusman Yusuf, Khaeruddin Zahrotunnimah Zahrotunnimah Zein, Fitriyani