Legal Consequences of the Use of Foundation Funds That Do Not Have the Legality to Conduct Business Activities (Case Study of the Rumah Peduli Kemanusiaan Foundation)

Abstract

The application of the Foundation as a legal entity that explains also as one of the legal subjects from which every activity can cause a legal effect. On this basis, the author conducted a study in the aspect of "Legal Consequences for the Use of Foundation Funds That Do Not Have Legality to Conduct Business Activities (Case Study of the Rumah Peduli Humanitarian Foundation)", which then answered the question of whether the substance of the Foundation Law on the concept of legal consequences of foundations that do not have legality for social activities referring to the case study of the Rumah Peduli Humanitarian Foundation is in accordance with the view in management The foundation. This research was conducted by the author using the normative-descriptive research type, namely in his research the author combines normative legal principles with the addition of various descriptive elements. The normative-descriptive research method is in this case about the Legal Consequences of Foundations That Do Not Have Legality to Carry Out Social Activities with a Case Study of the Rumah Peduli Humanitarian Foundation. The data collection technique in this study is carried out by collecting Primary Data and Secondary Data, namely by conducting studies and various literatures consisting of law books, legal journals and legal scientific works, as well as other related references. Referring to the case of the Rumah Peduli Humanity Foundation, which has recently become public attention with allegations of misappropriation of funds in the Foundation, various kinds of findings were found that show violations in the management of Foundation funds, one of which is that this Foundation also has a business entity. The Foundation organ has the function of carrying out the Foundation's activities to achieve the Foundation's own goals. In Structuring Governance, the Foundation can establish principles in accordance with the characteristics, culture, vision, and mission of the Foundation concerned. One of the principles that is a reference includes transparent, accountable, responsible, independent, and fairness or alternatively, the Foundation's principles can consist of integrity, transparency, accountability, responsibility, independence, and fairness.