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Act No. 28 Of 2004

Original Language Title: Undang-Undang Nomor 28 Tahun 2004

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ADDITIONAL
STATE SHEET RI

No. 4430 (Explanation of State Sheet 2004 Number 115)

EXPLANATION
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 28, 2004
ABOUT
CHANGE OVER
LAW NUMBER 16 OF 2001 ON FOUNDATION

I. UMUM

.,, Act No. 16 of 2001 on the Foundation that was promulred on August 6, 2001, since its effect on August 6, 2002 in its development it turns out to have not housed all the needs and developments of the law in society.
., in addition, against some of the substance of the Act on the Foundation in society there are still various interpretations so that it can elicits the uncertainty and unmissated laws.
.,, Changes to the Law Number 16 Year 2001 on the Foundation is intended to further ensure the certainty and order of law, as well as provide a true understanding of the society regarding the Foundation, so that it can restore the function of the Foundation as a legal link in order to achieve certain objectives in the social, religious, and humanitarian fields.
., in addition, given the role of the Foundation in society can create the welfare of the community, then the refinement of Law No. 16 of 2001 on the Foundation is meant for the Foundation to be able to function in the effort of achieving intent. and its goals in the social, religious, and humanitarian spheres based on the principles of openness and accountability.


II. SECTION BY SECTION

Section I

Figure 1
., Article 3
.,, Verse (1)
.,, the provisions of this paragraph are intended to affirm that the Foundation is not used as a platform of effort and the Foundation is not able to conduct business activities directly but must go through the entity that it has established or through other business entities. where the Foundation includes his wealth.
.,, Verse (2)
.,, pretty clear.

Figure 2
Section 5
.,, Verse (1)
.,, the provisions of this paragraph are intended to affirm that the wealth of the Foundation, including the proceeds of the efforts of the Foundation, is the wealth of the Foundation entirely to be used to achieve the purpose and purpose of the Foundation, so that someone who becomes The Pembina, the Trustees, and the Regents of the Foundation work voluntarily without receiving a salary, wage, or honorarium.
.,, Verse (2)
.,, a letter.
.,, referred to as "affiliated" is a family relationship due to marriage or descent to a third degree, both horizontally and vertically.
., the letter b
.,, referred to as "directly and fully" is carrying out the duties of the affairs in accordance with the provisions of the day and the work hours of the Foundation instead of working part time (part time).
.,, Verse (3)
.,, pretty clear.

Figure 3
Article 11
.,, Verse (1)
.,, pretty clear.
.,, Verse (2)
.,, the provisions that the application of the legal entity of the Foundation through the Notary are intended to facilitate service to the public in application of the application of the deed to the establishment of the Foundation in the area
.,, Verse (3)
.,, pretty clear.
.,, Verse (4)
.,, pretty clear.
.,, Verse (5)
.,, pretty clear.
.,, Verse (6)
.,, pretty clear.

Figure 4
., Article 12.
.,, pretty clear.

Figure 5
., Article 13A
.,, pretty clear.

Figure 6
., Article 24
.,, pretty clear.

Figure 7
.,, pretty clear.

Figure 8
., Article 32.
.,, Verse (1)
.,, pretty clear.
.,, Verse (2)
.,, under this provision in the Basic Budget the Foundation is loaded how many times a term of 5 (five) years for the Pengurus to be reappointed.
.,, Verse (3)
.,, pretty clear.
.,, Verse (4)
.,, pretty clear.
.,, Verse (5)
.,, pretty clear.

Figure 9
., Article 33.
.,, pretty clear.

Figure 10
., Section 34.
.,, pretty clear.

Figure 11
., Article 38.
.,, pretty clear.

Figure 12
.,, pretty clear.

Figure 13
., Section 44.
.,, Verse (1)
.,, pretty clear.
.,, Verse (2)
.,, Based on this provision in the Basic Budget the Foundation is loaded how many times a term of 5 (five) years for the Supervisor to be reappointed.
.,, Verse (3)
.,, pretty clear.

Figure 14
., Article 45.
.,, pretty clear.

Figure 15
., Article 46.
.,, pretty clear.

Figure 16
., Section 52.
.,, Verse (1)
.,, the placement of the Foundation ' s financial statements summary on the bulletin board is placed in such a way that it can be read by the public.
.,, Verse (2)
., the provisions of this paragraph are intended to allow the help received by the Foundation or Foundation which has a certain amount of wealth, can be known to the public according to the principles of openness and accountability.
.,, Verse (3)
.,, pretty clear.
.,, Verse (4)
.,, pretty clear.
.,, Verse (5)
.,, pretty clear.

Figure 17
., Section 58.
.,, pretty clear.

Figure 18
., Section 60.
.,, pretty clear.

Figure 19
., Section 68.
.,, pretty clear.

Figure 20
., section 71.
.,, Verse (1)
.,, the term of 3 (three) years in this provision is intended to give the Foundation an opportunity to determine whether to forward or not the existence of the Foundation. In the event the Foundation is obliged to adjust its basic budget with this Act.
.,, Verse (2)
.,, pretty clear.
.,, Verse (3)
.,, pretty clear.
.,, Verse (4)
., referred to as "interested parties" is a party of direct interest to the Foundation.

Figure 21
., Section 72.
.,, pretty clear.

Figure 22
., Article 72 A
.,, pretty clear.

., Article 72 B
.,, pretty clear.

Figure 23
.,, pretty clear.

Figure 24
.,, pretty clear.

Figure 25
.,, pretty clear.


Section II
.,, pretty clear.