Karya Ilmiah

DISERTASI (249) - Prinsip Tata Kelola Yayasan yang Baik

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The foundation as a legal entity (rechtpersoon) is recognized for its
existence since the promulgation of Law Number 16 Year 2001 concerning the
Foundation, on August 6th, 2001. The Foundation is a legal entity consisting of
assets which are separated and intended to achieve certain objectives in the social,
religious and humanitarian fields who do not have members.
This dissertation starts from describing three formulations of the problem,
namely the principle of the founding of the foundation, the principles of good
governance in the foundation and the governance principles of the establishment
of a foundation business entity that does not conflict with the foundation's
principles. This dissertation research uses normative legal research types
commonly used in the development of Legal Sciences, which includes
inventorying, describing and interpreting, systematizing and also evaluating the
whole positive law that applies in society, with concepts, notions, theories which
was formed and developed to carry out all these activities, by carrying out several
approaches in the form of statute approach, conceptual approach, comparative
approach and case approach, and combined with the source of primary legal
materials as well as sources of secondary legal materials. Management and
analysis of legal materials is the process of collecting legal materials through
inventorying to carry out the management and analysis of existing legal materials.
All sources of legal material collected in this study both primary and secondary
legal materials, are managed according to the character of normative legal
research.
The results of this dissertation research are based on the formulation of the
existing problem, namely that the foundation as a legal entity must place the
position of the foundation as a non-profit legal entity without a motive to seek
profit. The advantage that the foundation gained in establishing a foundation
business entity was only as a support for the smooth achievement of the goals and
objectives of the foundation by applying the idiotic principles. The foundation as
a legal entity in the new paradigm of the foundation must carry out the principles
of good foundation governance by carrying out the principles of transparency,
accountability, responsibility, responsibility, independence and fairness. Whereas
the establishment of a foundation business entity must be in accordance with the
purpose and objective of the establishment of the foundation. The foundation
should be a legal entity to strengthen the internal and external supervision
processes of the foundation. The high level of conflict in the foundation is
appropriate for the settlement of the conflict brought to the realm of alternative
despute resolution (ADR), namely the resolution of conflicts through consensus
deliberations by respecting the rights and interests of the parties to the dispute.
Keywords: Foundation, Legal Entity, Principles of Good Governance.

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Ketersediaan

031170148

249

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

249

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM-YAYASAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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