Prinsip Nirlaba dalam Pengelolaan Yayasan Rumah Sakit Muhammadiyah Sumatera Utara

Abstract

A foundation is a legal entity consisting of separated property to achieve a certain objective and goal in social, religious and humanity fields. As an institution with separated property, a foundation can carry out any business activity to achieve their goal such as establishing a business entity. In running its business, a foundation, including a hospital foundation, has to be operated based on the principle of nonprofits; meaning that neither an educational foundation nor hospital foundation may divert from their goal. Rumah Sakit Muhammadiyah Sumatera Utara, for an instance, as a foundation in social field, has to implement

the principle of nonprofits. The objective of the research is to analyze all laws that regulate the principle of nonprofits in a hospital foundation, how this principle has been implemented by Rumah Sakit Muhammadiyah Sumatera Utara Foundation, and the legal consequence in case the foundation does not implement this principle.

This is a normative juridical research based on library study which analyzes laws, government regulation, books, articles, journals, and other written materials. The data are analyzed by applying qualitative approach to produce descriptive data analysis which explains and describes the principle of nonprofits in the Management of Rumah Sakit Muhammadiyah Sumatera Utara Foundation.

The results of the research demonstrate that the regulations organizing the principle of nonprofits in the legal entity of hospital foundation are stipulated in Article 1 of the Law No.16/2001 as amended in the Law No. 28/2004 on Foundation. In addition, it is also regulated in Article 6 Paragraph (1) Letter B of the Law No. 44/2009 on Hospital, Article 32 Paragraph (1) and (2) of the Law No. 36/2009 on Health, Article 2 Paragraph (1) Letter E of The Regulation of the Minister of Health of the Republic of Indonesia No. 4/2018 on Obligations of Hospital and Patient which states that every hospital is obliged to provide health facilities and infrastructures to poor people. Rumah Sakit Muhammadiyah Sumatera Utara has implemented the principle of nonprofits on their own way. They provide free treatment and medication, free ambulance for poor people, mass circumcision and medical care team being sent in certain time. The legal consequence for the foundation which does not implement the principle of nonprofits is not stipulated in details in Law No. 28/2004 concerning Foundation. However, the law states that, if a foundation diverts from its article of association, it can be stated to have done an unlawful action.

It is concluded that the principle of nonprofits regulated by the laws is still

in general. Its implementation is also still general. This principle is only

sufficiently implemented by Rumah Sakit Muhammadiyah Sumatera Utara

Foundation. A more detailed regulation and more supervision are required to

implement this principle by the hospital foundation.