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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Shafiya, Tiara Alvyya
Master of Notarial Law, Padjadjaran University
Religion Law, Crime, Criminology & Criminal Justice

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Legal Construction of Foundations as Parent Companies to Limited Liability Companies (LLCs) in the Perspective of the Foundation Law and the Limited Liability Company Law Shafiya, Tiara Alvyya; Naibaho, Cecilya Regnawaty; Nahdi, Nazir Saleh; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24196

Abstract

A foundation, as a legal entity aimed at social, religious, and humanitarian purposes, often faces legal issues when establishing or controlling a Limited Liability Company (LLC) to support its social activities. This study aims to examine the legal relationship between a foundation as the parent company and the LLC as the subsidiary, based on the provisions in the Foundation Law and the Limited Liability Company Law. The research also analyzes the legal consequences arising if one of the entities incurs losses, whether the foundation or the LLC. The results show that although a foundation can establish an LLC, deviations occur in practice, such as the concurrent roles of foundation managers in the LLC, leading to conflicts of interest and misuse of funds. The case of the Aksi Cepat Tanggap (ACT) Foundation illustrates the importance of separating the foundation's social activities from the business interests of the LLC. Therefore, legal reform is needed to strengthen oversight, transparency, and accountability in the relationship between foundations and LLCs.
Co-Authors Gultom, Elisatris Nahdi, Nazir Saleh Naibaho, Cecilya Regnawaty