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All Journal International Journal of Humanities Education and Social Sciences
Moerdany, Vira
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

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Analisis Yuridis Pemilik Manfaat Yayasan Berdasarkan Peraturan Presiden Nomor 13 Tahun 2018 Moerdany, Vira; Prija Djatmika; Hanif Nur Widhiyanti
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1086

Abstract

This thesis aims to analyze the legal conflict between the foundation law and Presidential Regulation Number 13 of 2018 concerning beneficial owners in foundations, where foundations shouldn’t have a beneficial owner. The issues raised are: (1) What’s the juridical analysis of the Criteria for Beneficial Owners of Foundations based on Article 5 of Presidential Regulation Number 13 of 2018 from the perspective of the Foundation Law? and (2) What’s the legal certainty regarding Notaries obligations in listing the beneficial owners in the process of ratifying, establishing or changing the foundation's legal entity, based on Minister of Law and Human Rights Regulation Number 9 of 2017? Research methods used are statute approach and conceptual approach. Resulting in a conclusion that a foundation doesn’t have a beneficial owner, and legal certainty for notaries remains uncertain. Therefore, this Presidential Decree should be created and aimed at corporations formed as companies, with profit-oriented activities.
Co-Authors Hanif Nur Widhiyanti Prija Djatmika