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

Abstract

Abstract

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.