The Legal Status of Private Higher Learning Foundation Does Not Adapt Its Articles of Association Based on Foundation Act in Aceh

The implementation of higher education institutions in Indonesia consists of three categories, namely State Universities (PTN), Private Universities (PTS), and Official Universities (PTK). Especially the implementation of private tertiary institutions, where the implementation is given to the community and is not managed by the government. According to the Higher Education Law, private tertiary institutions are tertiary institutions established and/or organized by the public, as stipulated in Article 60 paragraph (2) of Law No. 12 of 2012 concerning Higher Education (Higher Education Act) which reads private tertiary institutions are established by the community by forming an organizing body with a non-profit legal entity and is required to obtain a permit from the Minister, and Article 60 paragraph (3) of the Higher Education Law states that the organizing body as referred to in paragraph (2) can be in the form of a foundation. According to Article 71 of Law No. 28 of 2004 concerning Foundations, it is determined that foundations that existed before the issuance of the Foundation Law must also adjust their articles of association with the Foundation Act. This is intended so that the implementation of these tertiary institutions obtains guarantees of legal certainty. However, in reality there are still many foundations, especially those that organize higher education (private universities) that have not adjusted their statutes to comply with the foundation law.