JUDICIAL REVIEW: THE DISPUTE SETTLEMENT BY THE COURT INSTITUTION BETWEEN THE FOUNDATION AND ITS MANAGEMENT

Abstract

This study aims to analyze disputes between foundations and foundation administrators in internal conflicts including the dismissal, replacement and appointment of foundation administrators and procedures for resolving such disputes between foundations and foundation administrators through the general judiciary and state administration. If a board member is found to have acted detrimental to the foundation, then based on the decision of the supervisor’s meeting, the board can be dismissed. This is a trigger for disputes that occur within the foundation. This dispute can be resolved by filing a lawsuit by the management who is dismissed on the basis of unlawful acts committed by the foundation. This research is a normative legal research with qualitative analysis. This study concludes that disputes between foundations and foundation management are caused by the implementation of foundation activities that are not in accordance with applicable laws, and the foundation’s articles of association. The settlement of disputes between foundations and foundation administrators through judicial institutions is one alternative dispute resolution that can be used, depending on the type and the object of the dispute before the court.

Keywords

• foundation
• the management
• dispute in the court