ANALISIS YURIDIS TENTANG PEMBUBARAN YAYASAN MELALUI PUTUSAN PENGADILAN (Analisis Perkara Nomor 625 K/Pdt/2012)

ASTUTI, HANDAYANI TRI (2018) ANALISIS YURIDIS TENTANG PEMBUBARAN YAYASAN MELALUI PUTUSAN PENGADILAN (Analisis Perkara Nomor 625 K/Pdt/2012). Masters thesis, Universitas Sebelas Maret.

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    Abstract

    ABSTRACT Handayani Tri Astuti S.351308026 Judicial Analysis of the Dissolution of Foundation by Court Ruling (Analysis of case number 625 K/Pdt/2012) Notary Program of Faculty of Law of Universitas Sebelas Maret This study aimed to analyze the dissolution of foundation by court ruling of case number 625K/Pdt/2012. The study analyzed the legal consideration of the judge who dissolved Yayasan Bhakti Sosial Surakarta in the verdict of case number 625 K/Pdt/2012 jo Number 233/Pdt/2011/PT. Smg jo Number 141/Pdt.G/2010/PN.Ska and the legal status of Yayasan Bhakti Sosial Surakarta which hadn’t performed the court ruling. This study used normative research method, descriptive writing, using statute approach, secondary data source from literature study, descriptive qualitative data analysis. From the study, it’s concluded that the judge’s consideration in ruling case No. 625 K/Pdt/2012 jo No. 233/Pdt/2011/PT.Smg jo 141/Pdt.G/2010/PT.Ska based on Article 71 clause (3) and Article 71 clause (4) of Law of Foundation was inappropriate because the dissolution of foundation based on expiry (Veryaard) should be adjusted with the Article of Association of Yayasan Bhakti Sosial Surakarta. The expiry (veryaard) reason was inconsistent or contradicted the reason of dissolution of foundation by ruling stated in Article 62 letter c of Law Number 16 of 2001 on Foundation, which limitatively regulates the dissolution of foundation by court ruling in veryaard as a reason of dissolution of foundation determined by the Law of Foundation. Foundations which have existed prior to the Law of Foundation may have Foundation Legal Entity status using the provision of Article 37 of Government Regulation No. 63 of 2008 on the Implementation of the Law on Foundation. The legal status of Yayasan Bhakti Sosial Surakarta had been ruled by the court and had permanent legal force but couldn’t performed the court ruling, so Yayasan Bhakti Sosial Surakarta was still in liquidation, so in its actions, outgoing letters must contain the phrase “in Liquidation”. Notaries who make certificate of foundation should master the Law of Foundation, especially Article 71 of Law No. 28 of 2004 on Change of Law Number 16 of 2001 on Foundation to avoid mistake in making certificate of foundation. The Law of Foundation should be socialized by Indonesian Notary Association. Keywords: Foundation, Dissolution of Foundation, Court Ruling

    Item Type: Thesis (Masters)
    Subjects: H Social Sciences > H Social Sciences (General)
    Divisions: Pascasarjana
    Pascasarjana > Magister
    Pascasarjana > Magister > Magister Kenotariatan
    Depositing User: Fransiska Meilani f
    Date Deposited: 07 Feb 2018 13:40
    Last Modified: 07 Feb 2018 13:40
    URI: https://eprints.uns.ac.id/id/eprint/39444

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