APAKAH KEPENGURUSAN YAYASAN BISA DIWARISKAN? DR. MUHAMMAD REZA SYARIFFUDIN ZAKI, S.H., MA

Summary

This video discusses the governance of foundations (Yayasan) in Indonesia, focusing on the issue of succession when a vacancy arises in the board of trustees. The speaker clarifies that positions in a foundation cannot be inherited by the founder’s heirs. Instead, the foundation’s legal framework stipulates that a joint meeting of the supervisory board and daily administrators must decide who is most qualified to take the role, based on their alignment with the foundation’s mission and non-profit spirit. The video dispels the common misconception that foundation leadership can be automatically passed down through inheritance.

Takeaways

• 😀 The leadership structure of a Yayasan includes a founder, board of trustees, supervisory board, and daily management team.
• 😀 The founder of a Yayasan does not have to be a part of the board of trustees.
• 😀 A position within a Yayasan cannot be inherited by the founder's heirs after their passing.
• 😀 If a leadership vacancy occurs in a Yayasan, the remaining board members must hold a meeting to choose a replacement.
• 😀 The decision on who fills the vacant position must be based on the person’s capability and alignment with the Yayasan’s mission.
• 😀 The process of choosing a replacement is governed by specific laws and regulations regarding foundations in Indonesia.
• 😀 The law ensures that leadership positions in a Yayasan are filled with individuals dedicated to the non-profit cause.
• 😀 The non-profit nature of a Yayasan means that positions are filled based on merit, not family connections.
• 😀 The focus of a Yayasan is on its mission of providing services or support without seeking profit.
• 😀 A person who replaces a deceased founder or trustee must be committed to the goals and vision of the Yayasan.
• 😀 It is a common misconception that positions in a Yayasan can be automatically passed to an heir after a leader's death.

Q & A

What happens when there is a vacancy in the leadership of a Yayasan (foundation)?

When there is a vacancy in the leadership of a Yayasan, the position is not automatically passed on to the heirs of the deceased founder. Instead, a specific mechanism is followed, involving a joint meeting between the Board of Supervisors and the daily management team to select a suitable replacement.

Can a founder's position in the Yayasan be inherited by their children or heirs?

No, the position of a founder in the Yayasan cannot be inherited by their children or heirs automatically. The law stipulates that there is a process for determining who is capable of taking on such a leadership role, which is not based on familial ties.

What are the key organs in the structure of a Yayasan?

The key organs in a Yayasan include the Board of Trustees (Dewan Pembina), the Board of Supervisors (Dewan Pengawas), and the daily management team (Pengurus Harian), which typically consists of the Chairperson, Secretary, and Treasurer.

What is the role of the Board of Trustees in a Yayasan?

The Board of Trustees in a Yayasan oversees the foundation's operations and ensures its activities align with its mission and vision. This board is crucial in decision-making processes, including leadership succession.

How does the law ensure the continuity of a Yayasan after the death of its founder?

The law provides a specific mechanism for leadership succession in a Yayasan, which ensures that the foundation remains true to its mission and is led by someone capable of continuing its non-profit goals. This process involves a joint meeting between the Board of Supervisors and the daily management team.

Why can't a leadership position in a Yayasan be automatically transferred to heirs?

A leadership position in a Yayasan cannot be automatically transferred to heirs because the foundation's leadership must be selected based on merit and capability, not familial relationships. This process is outlined in the foundation law to maintain the integrity and mission of the Yayasan.

What does the amended foundation law regulate in terms of leadership succession?

The amended foundation law regulates the process of leadership succession in a Yayasan, ensuring that the selection of a new leader is based on the individual’s ability to carry out the foundation’s mission, rather than inheritance.

What is the purpose of the meeting between the Board of Supervisors and the daily management team?

The purpose of the meeting between the Board of Supervisors and the daily management team is to determine the most capable individual to fill a vacant leadership position, ensuring the continuity of the foundation’s mission and values.

What misconception about Yayasan leadership positions is addressed in the script?

The script addresses the misconception that leadership positions in a Yayasan can be passed down to the children or heirs of the founder simply because of familial ties. The law clarifies that leadership succession is based on capability and adherence to the foundation’s mission.

What is the primary mission or spirit of a Yayasan as mentioned in the script?

The primary mission or spirit of a Yayasan is to operate as a non-profit organization, dedicated to serving the public good without seeking to generate profit. This mission influences the process of selecting new leaders to ensure they are committed to these goals.