Legal Analysis of Foundation Dualism on Darussalam University Asset Ownership in Ambon, Indonesia




dualism, foundation, legal consequences, Indonesia



Law Number 12 of 2012 concerning Higher Education Article 60, paragraph 3 states that the community establishes private universities by showing an organizing body with a non-profit principle, namely the Foundation. Based on the description above, the Foundation is one of the social, legal entities that can be a forum for private universities. Usually, the ownership of a university asset is only owned by one Foundation. However, in the decision of the Supreme Court of the Republic of Indonesia, number 2860K/PDT/2016, the parties involved in the decision are the Darussalam Maluku Foundation as the plaintiff and the Darussalam Maluku Education Foundation as the defendant. The Darussalam Maluku Foundation sued the Pendidikan Darussalam Maluku Foundation. After all, the Yayasan Darussalam Maluku Foundation felt aggrieved because the Pendidikan Darussalam Maluku Foundation had unilaterally claimed and controlled the assets of Darussalam University of Ambon campus 2, which then led to the Foundation's dualism over the ownership of Darussalam University of Ambon assets. This study analyzes the legal consequences of the Foundation's duality on the Foundation and the university. The research method is normative, using secondary data from library research, including primary, secondary, and tertiary legal sources. So dualism legal consequences of the Foundation are the Foundation's dissolution and the Foundation's merger. Meanwhile, the legal implications of the Foundation's dualism on universities are related to higher education institutions' accreditation and operational permits and the staffing status of lecturers and experts. However, they will tell the university's right to issue diplomas for students who have completed their education.

Author Biography

Rahadi Bintoro, Jenderal Soedirman University

Lecturer, Faculty of law


Rido, A. (2004). Legal Entity and Legal Entity Position of Company, Association, Cooperative, Foundation, Waqaf. Bandung: Alumni.

Suhardiadi, A.K.M. (2002). Foundation Law in Indonesia. Based on the Law of the Republic of Indonesia. Number 16 of 2001 concerning Foundations. Jakarta: Eternal.

Subekti. (2005). Legal Dictionary. Jakarta: Pradya Paramita.

Soeroso. (2011). Introduction to Law. Jakarta: Sinar Graphic.

Soerjono Soekanto dan Sri Mamudji. (2007). Penelitian Hukum Normatif (Suatu Tinjauan Singkat). Jakarta: Rajagrafindo Persada.

Hajar, M. (2015). Model-Model Pendekatan Dalam Penelitian Hukum dan Figh. Pekanbaru.

Riyandani, Bidri, D., Pujiyono. (2016). The position of the Foundation after the enactment of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. Journal of Private Law, 4 (2), 152-160.

Simatupang, Taufik H. (2013). The legality of Legal Subjects of Foundations as Legal Entities. Scientific Journal of Legal Policy, 7(1), 1-12.

Tutik. Quarterly Point. (2008). Civil Law in the National Legal System. Jakarta: Prenada Media Group.

Siahaan, Nimrot. Toni. Anjar, Agus. Adi, Panggi Nur. (2020). Legal Subjects in Establishing Foundations According to Law Number 28 of 2004 on Amendments to Law Number 16 of 2001 concerning Foundations. Scientific Journal "Advocacy", 8(1), 1-10.

Murjiyanto, R. (2011). Foundation Legal Entity (Aspects of Establishment and Responsibility). Yogyakarta: Liberty.

Anisa, N. (2017). Juridical Analysis of Foundations Not Adjusting Their Articles of Association. Legal Horizon Journal. 8(1), 86-95.

Affandi, N. (2019). Use of Foundation Assets Handed Over to the State Due to Court Decisions. Journal of Justitia Hukum, 3(1), 135-151.




How to Cite

Ramadhan, N. S. ., Sulistyandari, ., & Bintoro, R. . (2022). Legal Analysis of Foundation Dualism on Darussalam University Asset Ownership in Ambon, Indonesia. Problems of Legality, (159), 160–175.