PROSEDUR PEROLEHAN IZIN MENDIRIKAN YAYASAN DITINJAU DARI SEGI HUKUM ADMINISTRASI NEGARA (Studi Yayasan Sekolah Tinggi Agama Islam AL Islahiyah Kota Binjai)

zettira miranti utari, suria ningsih, erna herlinda

Abstract


PROSEDUR PEROLEHAN IZIN MENDIRIKAN YAYASAN DITINJAU DARI SEGI HUKUM ADMINISTRASI NEGARA

(Studi Yayasan Sekolah Tinggi Agama Islam AL Islahiyah Kota Binjai)

Zettira Miranti Utari*`

Suria Ningsih, SH.M.Hum**

Erna Herlinda, SH.M.Hum***

 

ABSTRACT

Policy consent form should reflect an appropriate humanitarian policy and comfort with the whole community, so that the purpose of the state in the concept of the welfare state (welfare state) as set forth in the Preamble to the Constitution of the Republic of Indonesia 1945 fourth paragraph, can be realized. In connection with the rapidly growing and increasingly diverse pattern Foundation, to ensure legal certainty and order and restore the function of the Foundation as legal institutions in order to achieve activity, intent, and purpose have been set by Act No. 16 of 2001 on the Foundation, as amended by Act -Undang Number 28 Year 2004 on the Amendment of Act No. 16 of 2001 on the Foundation. The presence of the Foundation Law is intended to provide an understanding and clear rules to the public on how procedures for obtaining permission to establish a foundation. Provision Means poor and do not follow government regulations or other administrative tools because a lot of similarities in the inefficient data entry validation process foundation in Indonesia.

Types of research conducted in this study is a normative legal research, which only use and process the data, also known as secondary or literature methods and also coupled by Field Research fieldwork to support the existing information in the field. Writer looking for data about the process of obtaining permits establish the Foundation under the Act in force in Indonesia.

The results in this paper, with the enactment of Law No. 16 of 2001 in conjunction with Law No. 28 Year 2004 on the Amendment of Act No. 16 of 2001 on the foundation set how permissions obtain legal status. The process of obtaining permission to establish a foundation, there are 3 stages, namely the establishment of mechanisms foundations, foundations and announcements endorsement Foundation. Rights for license holders to establish a foundation was set policies in leading and managing, governing the organization and carrying out the provisions set out in the Articles of Association and Bylaws in accordance with the legislation in force, while the duty is to try and ensure the implementation of the organization's activities, held maintenance of bookkeeping and administrative organization and running obligations in accordance with the provisions of the Articles of Association regulated by laws and Regulations applicable legislation.


Keywords: Licensing, establishment, the Foundation

 

 

 

 


*     Student, Department of State Administrative Law Faculty of Law USU

**   Supervisor I, the Chairman of the Legal Department of the State Administration Law Faculty USU

***      Lecturer II, Department of State Administrative Law, Faculty of Law, USU



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