E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 6, Issue 3, 2026

The Validity of Amendments to the Foundation's Association Charter without the Presence of the Supervisory Board



Author(s): Eva Juliana, Iman Jauhari, Siti Rahmah

Abstract:

Law Number 16, 2001 on the Foundations, as amended by Law Number 28, 2004, regulates that amendments to the foundation's articles of association can only be made by the trustees thru a legitimate trustee meeting and must comply with applicable legal provisions. However, in practice, changes to the articles of association are often made without complying with the provisions as stipulated in the Foundation Law, which can lead to legal issues and uncertainty regarding the validity of the changes to the articles of association and the legal actions of the foundation. This research uses a normative juridical method, with the approaches employed being the statutory approach, the conceptual approach, and the case approach. This research is based on secondary data as the main data and primary data as supporting data. Data is analyzed descriptively and qualitatively using legal interpretation. The purpose of this research is to explain the legal strength of the board meeting in amending the foundation's articles of association according to the Foundation Law. The research results show that the board meeting is the main determining factor for the validity of changes to the foundation's articles of association, where the Foundation Law explicitly grants the authority to amend the articles of association only to the board.


Keywords: Validity, Charter, Foundation

Pages: 380-383

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