Legal Provisions Concerning Transfer of Foundation Property

Abstract

This writing examines the legal provisions regarding the transfer of foundation assets. Foundation is a legal entity consisting of assets that are separated and intended to achieve certain goals and objectives in the social, humanitarian and religious fields that do not have members . Article 5 paragraph (1) of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations relates to the prohibition on the transfer of assets or assets of foundations. The formulation of the problem in This writing is how the legal provisions regarding the transfer of foundation assets are based on legal procedures and the Foundation Law. This research is a normative legal research that uses secondary data as the main material. Data collection techniques using literature study. The conclusion of this study is that the transfer of foundation wealth can only be justified by law if the foundation does not achieve its goals and objectives. Basically the assets or assets of the foundation can be sold to other parties as long as they fulfill the provisions of Article 37 paragraph 1 letter b of Law Number 16 of 2001 concerning Foundations, namely that the management must first obtain the approval of the Trustees. The transfer of Foundation Assets or Wealth that may be transferred must meet 3 (three) Principles, namely Transparency, Accountability, and Publicity.