Analisis Yuridis Kewenangan Pembina Memberhentikan Pengurus dan Pengawas Yayasan Sewaktu-Waktu (Studi Putusan Nomor: 238/PDT/2022/PT SBY)

Abstract

Internal conflicts among foundation organs often occur which have to be resolved by litigation. This research was about the internal conflict in the Budi Mulia Abadi social foundation in Surabaya according to the Verdict No. 661/Pdt. G/2021/PN.SBY and the Verdict No. 238/PDT/2022/PT.SBY. Its objective was to analyze legal principles of the authority of a Founder to dismiss the Directors and the Supervisors of a foundation, specifically concerning the legality of the Founder Extraordinary Meeting which dismissed the Directors and the Supervisors and to analyze the legal certainty on the dismissal of Directors and Supervisors of the foundation by using the Verdict No. 661/Pdt.G/2021/PN.SBY and the Verdict No. 238/PDT/2022/PT.SBY as the object of the analysis.

Normatively, based on Law on Foundation, a Founder has the authority lo dismiss Directors and Supervisors of a foundation before their tenure ends. An Extraordinary Meeting held by the Founders of Budi Mulia Ahadi Social Foundation is valid because it has been agreed by ½ (half) of the members which is in accordance with Law on Foundation and the Foundation Articles of Association. Besides that, it is supported by the amendment of foundation data which has been received by the Ministry of Law and Human Rights No. AHU- AH.01.06-0021612. Therefore, the reception of the Amendment of the Data of Budi Mulia Abadi Social Foundation on November 5, 2020 concerning the complaint of Directors and Supervisors is expired that the Judge's Decision in the Surabaya Higher Court No. 238/PDT/2022/PT.SBY is regarded correct.