<![CDATA[This study examines how patrimonial legal culture relates to the weakening of asset separation in a family-based transitional educational foundation and applies the substance over form doctrine to a debt acknowledgment issued to the principal founder’s heirs. It combines a qualitative single-case study of a West Java foundation established in 1982 with juridical-dogmatic analysis of interviews, observation, and legal, financial, and land documents. The foundation did not amend its Articles of Association by 6 October 2008, and its organs came to be held by the principal founder’s lineal descendants, who in 2010 established a new foundation of the same name that took over its activities and assets without any transfer instrument. The 12-hectare land, separated from the founder’s wealth and certified in the old foundation’s name, was omitted from the new foundation’s audited statements. In 2024, the heirs, acting for the new foundation, acknowledged a debt to themselves equal to the land’s market value. Nine parameters reveal a related-party transaction in conflict of interest, without evidenced consideration, by a debtor that does not hold the land. Patrimonial legal culture offers a plausible but non-causal interpretation, while the transaction’s validity and the organs’ liability remain for judicial determination.]]>
Copyrights © 2026
