Beda Yayasan dan Perusahaan, Banyak Pengurus Yayasan Menyesal.

Summary

This video explains the key differences between a foundation (yayasan) and a company (perusahaan) under Indonesian law. It highlights that foundations are established for social, religious, or humanitarian purposes and cannot be profit-driven, with assets that cannot be personally enjoyed by founders or managers. In contrast, companies are formed to generate profit and allow for profit distribution. The video aims to ensure that those wishing to establish these entities understand their distinct purposes and legal frameworks to avoid regrets and confusion later on. Clear distinctions between these two types of organizations are emphasized.

Takeaways

• 😀 A Yayasan (foundation) is a legal entity designed for specific purposes like social, religious, and humanitarian work, not for profit generation.
• 😀 A company (Perusahaan) is established to make a profit through continuous business operations, unlike a Yayasan.
• 😀 A Yayasan cannot have members or distribute profits, and its wealth is separate from its founders, board, or staff.
• 😀 A company can be structured as a legal body (e.g., PT) or a non-legal body (e.g., CV), with distinct financial implications for its owners.
• 😀 If you wish to run a non-profit organization, a Yayasan is the appropriate structure, whereas a company is for profit-focused ventures.
• 😀 The laws governing a Yayasan are **Undang-Undang Yayasan** (Law No. 16 of 2001, revised in 2004), which focuses on non-profit goals.
• 😀 The laws regulating a company are **Undang-Undang Perusahaan** (Law No. 8 of 1997), which emphasizes profit generation and economic benefit.
• 😀 A Yayasan can operate businesses, but these businesses must support its non-profit goals and cannot generate profits for the foundation’s members.
• 😀 Founders and managers of a Yayasan cannot benefit personally from its assets or income, as it is designed to serve public interest.
• 😀 If you want to create a structure that benefits from profits, you should establish a company, not a Yayasan.

Q & A

What is the main difference between a Yayasan (foundation) and a Perusahaan (company)?

A Yayasan is a non-profit organization focused on social, religious, or humanitarian goals, while a Perusahaan is a business entity created to generate profit.

Can the founders or managers of a Yayasan profit from its wealth?

No, the wealth of a Yayasan is separate from the personal assets of its founders and managers, and they cannot profit from it.

What is the legal framework for Yayasan and Perusahaan in Indonesia?

A Yayasan is governed by Law No. 16/2000, which was amended by Law No. 28/2004, while a Perusahaan is governed by Law No. 8/1997.

What are the key features of a Yayasan?

A Yayasan is a legal entity, has separate wealth from its founders, has specific goals in social, religious, or humanitarian fields, and does not have members.

Can a Yayasan engage in business activities?

Yes, a Yayasan can engage in business activities, but these activities must be aligned with its non-profit mission, and any profits must be reinvested into its goals.

What happens if a Yayasan grows and its founders want to profit from its wealth?

This leads to potential confusion or regret, as a Yayasan is not designed to provide personal profits or salaries from its wealth.

What is the main goal of a Perusahaan?

The main goal of a Perusahaan is to generate profit or earnings for its owners or shareholders.

Can a Perusahaan be a non-legal entity?

Yes, a Perusahaan can be either a legal entity (e.g., PT) or a non-legal entity (e.g., CV), depending on its structure.

How are assets managed in a Perusahaan?

In a Perusahaan, assets are separated from the personal wealth of the founders, especially if it is a legal entity, and profits can be distributed to its owners.

Why is it important to understand the difference between a Yayasan and a Perusahaan?

Understanding the difference helps prevent confusion or regrets, especially when a Yayasan grows and its founders may mistakenly expect to profit from it, which is not allowed.