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Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis
BACKGROUND: This research-based paper examined the Indonesian foundation and endowment laws in relation to educational and religious institutions which are managed under foundation legal structure. The institutions examined were: 1) The Pondok Pesantren al-Ansor Foundation in Padangsidimpuan City; 2...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Springer International Publishing
2016
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4967049/ https://www.ncbi.nlm.nih.gov/pubmed/27516951 http://dx.doi.org/10.1186/s40064-016-2772-6 |
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author | Siregar, Ibrahim |
author_facet | Siregar, Ibrahim |
author_sort | Siregar, Ibrahim |
collection | PubMed |
description | BACKGROUND: This research-based paper examined the Indonesian foundation and endowment laws in relation to educational and religious institutions which are managed under foundation legal structure. The institutions examined were: 1) The Pondok Pesantren al-Ansor Foundation in Padangsidimpuan City; 2) The Pesantren Dar al-Ma’arif Education Foundation in South Labuhanbatu Regency; and 3) The Masjid Agung Foundation in Medan City. METHODS: Using legal sociology and critical legal analysis, data were collected through field research, document study, and in-depth interviews. The documents studied were laws, books, papers, and other related writings relevant to this research. Interviews were conducted with informants obtained from snowball sampling and key person methods. RESULTS: It was found that in terms of foundation wealth, these institutions can be categorized into three: (1) foundation with founder’s wealth; (2) foundation with endowment wealth; and (3) foundation with both founder’s and endowment wealth. Even though both foundation and endowment legal structures have the same aim of societal welfare, it was found that when they are merged into one legal structure, the foundation becomes more dominant, and there is a risk that the endowment asset’s status become unclear. The asset may be sold or its status may be changed from endowment wealth to foundation wealth. This unclear status may also be caused by conflict of interests among the foundation members and people involved in the foundations. Even when the foundation status is clear, most if not all foundation members violate the rules stipulated by the Foundation Law. The lack of status clarity has caused these institutions to become objects of conflict. CONCLUSIONS: There is a need to position the status of these institutions accurately and it is recommended that the endowment legal structure is used for institutions with endowment wealth. |
format | Online Article Text |
id | pubmed-4967049 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2016 |
publisher | Springer International Publishing |
record_format | MEDLINE/PubMed |
spelling | pubmed-49670492016-08-11 Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis Siregar, Ibrahim Springerplus Research BACKGROUND: This research-based paper examined the Indonesian foundation and endowment laws in relation to educational and religious institutions which are managed under foundation legal structure. The institutions examined were: 1) The Pondok Pesantren al-Ansor Foundation in Padangsidimpuan City; 2) The Pesantren Dar al-Ma’arif Education Foundation in South Labuhanbatu Regency; and 3) The Masjid Agung Foundation in Medan City. METHODS: Using legal sociology and critical legal analysis, data were collected through field research, document study, and in-depth interviews. The documents studied were laws, books, papers, and other related writings relevant to this research. Interviews were conducted with informants obtained from snowball sampling and key person methods. RESULTS: It was found that in terms of foundation wealth, these institutions can be categorized into three: (1) foundation with founder’s wealth; (2) foundation with endowment wealth; and (3) foundation with both founder’s and endowment wealth. Even though both foundation and endowment legal structures have the same aim of societal welfare, it was found that when they are merged into one legal structure, the foundation becomes more dominant, and there is a risk that the endowment asset’s status become unclear. The asset may be sold or its status may be changed from endowment wealth to foundation wealth. This unclear status may also be caused by conflict of interests among the foundation members and people involved in the foundations. Even when the foundation status is clear, most if not all foundation members violate the rules stipulated by the Foundation Law. The lack of status clarity has caused these institutions to become objects of conflict. CONCLUSIONS: There is a need to position the status of these institutions accurately and it is recommended that the endowment legal structure is used for institutions with endowment wealth. Springer International Publishing 2016-07-29 /pmc/articles/PMC4967049/ /pubmed/27516951 http://dx.doi.org/10.1186/s40064-016-2772-6 Text en © The Author(s) 2016 Open AccessThis article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. |
spellingShingle | Research Siregar, Ibrahim Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title | Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title_full | Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title_fullStr | Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title_full_unstemmed | Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title_short | Indonesian Islamic institutions between the foundation and endowment laws: a critical legal analysis |
title_sort | indonesian islamic institutions between the foundation and endowment laws: a critical legal analysis |
topic | Research |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4967049/ https://www.ncbi.nlm.nih.gov/pubmed/27516951 http://dx.doi.org/10.1186/s40064-016-2772-6 |
work_keys_str_mv | AT siregaribrahim indonesianislamicinstitutionsbetweenthefoundationandendowmentlawsacriticallegalanalysis |