Abstract:
A foundation is a legal entity that has a management structure to oversee its
activities. Serving as an organ of the foundation's legal body is not easy; every action taken
by the management must be based on the Foundation's Articles of Association/House Rules
and must not exceed the authority granted, in accordance with the provisions of the
foundation law. Therefore, if there are multiple decisions regarding the appointment and
management of the foundation, they must comply with the applicable regulations, raising
concerns if there is more than one decision with different issuances. This research aims to
understand the Position and Legal Responsibility of Foundation Managers, the Procedure for
the Appointment and Ratification of Foundation Managers Based on Foundation Law, and
the validity of the Decision Letter Regarding the Appointment and Ratification of the
Foundation's Management Body Based on Decision Number 454/Pdt.G/2022/PN.Mdn. This
study employs a normative legal approach, using secondary data (through literature study)
and primary, secondary, and tertiary legal materials. Furthermore, the data is analyzed
qualitatively from a legal perspective. The results of this research indicate that the procedures
for the appointment and dismissal of foundation administrators in Indonesia are regulated by
the foundation's Articles of Association (AD) and Bylaws (ART), as well as applicable legal
provisions, particularly in Law Number 16 of 2001 concerning Foundations and its
amendments in Law Number 28 of 2004. If the party issuing the decision does so in violation
of these regulations, it can be considered an unlawful act and is liable for damages resulting
from such actions.
