The dispute settlement by the court institution between the foundation and its management: A judicial review

Abstract

Foundation legal entities have organs that carry out the functions of the foundation. The management of the foundation has responsibility for the legal entity of the foundation. This study aims to find out about disputes between foundations and foundation administrators in internal conflicts including the dismissal, replacement and appointment of foundation administrators and procedures for resolving disputes between foundations and foundation administrators through the general judiciary and state administration. If a board member is found to have acted detrimental to the foundation, then based on the decision of the supervisor's meeting, the board can be dismissed, this is a trigger for disputes that occur within the foundation. The settlement of this dispute can be resolved by filing a lawsuit by the management which is dismissed on the basis of unlawful acts committed by the foundation. This research is normative legal research with qualitative analysis. This study concludes disputes between foundations and foundation management are caused by the implementation of foundation activities that are not in accordance with applicable laws and regulations and the implementation of the foundation's articles of association and the household itself. Settlement of disputes between foundations and foundation administrators through judicial institutions is one alternative dispute resolution that can be used and is stated in the provisions concerning foundations, depending on the type of dispute, and the object of the dispute for dispute resolution before the court.