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All Journal JURNAL HUKUM Lex Publica
Putra, Tria Sasangka
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Transparency in Ensuring Governance and Accountability of Non-Profit Institutions: Lessons from Malaysia and India Putra, Tria Sasangka; Akbar, Bahrullah; Suwarno; Friska, Renny; Rengasamy, Dhanuskodi; Noorjahan, Momin
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.258

Abstract

This research examines the transparency and governance aspects of foundations in Indonesia as nonprofit organizations, and compares them with foundation regulations in several countries to gain insight into their legal structures, obligations, and social responsibilities. The study addresses three key questions: first, how foundations are structured within Indonesia's legal framework, focusing on governance; and second, a comparative analysis of how Malaysia and India regulate foundations, their responsibilities, and operational frameworks. The research also evaluates how foundations can improve their societal contributions while ensuring transparency and accountability. Using a qualitative approach with a normative and comparative design, the study analyzes Indonesia's regulatory framework under Law No. 28/2004 and compares it with international practices to identify best practices. The findings reveal that Indonesian foundations must uphold transparency and accountability, including the obligation to produce annual reports that are auditable and subject to strict oversight to prevent fund misuse. The conclusion highlights that while regulations differ across countries, all emphasize the importance of transparency and accountability to ensure foundations operate effectively and contribute positively to society. Adhering to these principles is essential for the sustainability of foundations and enhancing their social impact.
Legal Implications of the Articles of Association in Foundation Governance Putra, Tria Sasangka; Akbar, Bahrullah
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.278-290

Abstract

Foundations play a significant role in supporting social missions, and understanding their legal obligations, as stated in the Articles of Association, is essential to ensuring their sustainability. This research examines the legal framework governing foundations in Indonesia, specifically focusing on Law Number 28 of 2004, which outlines the requirements for foundation establishment and operation. The study uses a qualitative, normative juridical approach to analyze the legal implications of mismanagement in foundation operations that deviate from the Articles of Association. The research highlights how non-compliance with these guidelines—especially the Articles of Association—along with the failure to submit financial reports and adhere to governance standards, can lead to serious legal and socio-economic consequences. The findings emphasize that mismanagement can damage a foundation’s credibility, cause internal conflicts, and result in legal claims from stakeholders. The study also explores the importance of effective government oversight, particularly by the Ministry of Law, in ensuring foundations comply with legal regulations. To address violations, the research suggests several approaches, including internal resolutions, legal reporting, and stronger supervision. Its further advocates for increased legal awareness and training for foundation managers to prevent violations and safeguard the foundation's integrity.
A Legal Analysis of the Influence of International Trade on Import Restriction Policies in Indonesia Widiarty, Wiwik Sri; Park, Jihyun; Putra, Tria Sasangka
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.741-766

Abstract

This study examines how international trade dynamics influence Indonesia’s import restriction policies, focusing on the Minister of Trade Regulation Number 36/2023 and its amendment, the Minister of Trade Regulation Number 8/2024. The research aims to analyze how global trade commitments, particularly WTO principles such as GATT Articles I and XI, shape Indonesia’s regulatory framework; assess the economic and practical consequences of these restrictions for domestic industries and supply chains; and evaluate the balance between protectionism and trade liberalization, highlighting long-term implications for competitiveness and sovereignty. Using a normative juridical approach, the study reviews primary, secondary, and tertiary legal materials, including national legislation and international conventions such as WTO/GATT, AFTA, NAFTA, and ACFTA. Legal analysis is conducted qualitatively, focusing on trade regulations, licensing measures, and policy adaptations, complemented by doctrinal interpretation to construct a comprehensive understanding of the legal framework. Findings reveal that while the Minister of Trade Regulation Number 36/2023 sought to protect domestic industries and consumers, it disrupted supply chains and delayed shipments, imposing economic costs. Subsequent relaxations under the Minister of Trade Regulation Number 8/2024 and later reforms in 2025 improved efficiency and balanced deregulation with strategic safeguards. The study underscores the trade-off between short-term protectionism and long-term competitiveness, emphasizing the need for adaptive, transparent, and WTO-compliant policies. Insights from this research provide guidance for strengthening Indonesia’s import regulations while maintaining compliance with international trade obligations.
Co-Authors Bahrullah Akbar Friska, Renny Noorjahan, Momin Park, Jihyun Rengasamy, Dhanuskodi Suwarno Wiwik Sri Widiarty