The government has issued Regulation No. 63 of 2008 with the express purpose of implementing the provisions of the Law on Foundations (Law No. 16 of 2001 as amended by Law No. 28 of 2004. The Articles that are to be implemented with this Regulation are 9(4) and (5), 14(4), 15(4), 27(2), 61, and 69(2).
Some of the key provisions are that foundations must have a name and they must be registered in the register of foundations. Once a name is registered for a foundation then that name cannot be used by another foundation. The names of foundations may be rejected because the name already exists or the proposed name runs counter to public order or is against accepted norms or morals. The examples provided in the Elucidation to this Article suggest that a foundation such as the Commercial Sex Workers Foundation would be against accepted moral norms. Once a foundation ceases to exist for whatever reason, it must be removed from the register of foundations.
The Regulation is obviously in Indonesian and one of the provisions requires that foundation appear before the name of the foundation. In Indonesian the word for foundation is ‘yayasan’ and for Indonesian named foundations this is already standard practice. However, it would seem a little strange for the word foundation to appear before the name of the foundation in English unless foundations are named “The Foundation for …”. This is probably of more interest to translators and interpreters than it is to the founders of a foundation.
Before a foundation can be registered it must first be legalized by the Minister. This will require that the Articles of Association are in order along with all other documents.
Local foundations must be capitalized at IDR 10 million and foreign foundations must be capitalized at IDR 100 million.
The procedures for establishing a foreign foundation are set out in Articles 10 – 14 and the activities of foreign foundations are described at Article 26.
Foundations may receive Central and Regional Government assistance and the manner in which this assistance can be supplied is enumerated in the Regulation.
The Regulation has been in force since 23 September 2008.
The government has issued Regulation No. 63 of 2008 with the express purpose of implementing the provisions of the Law on Foundations (Law No. 16 of 2001 as amended by Law No. 28 of 2004. The Articles that are to be implemented with this Regulation are 9(4) and (5), 14(4), 15(4), 27(2), 61, and 69(2).
Some of the key provisions are that foundations must have a name and they must be registered in the register of foundations. Once a name is registered for a foundation then that name cannot be used by another foundation. The names of foundations may be rejected because the name already exists or the proposed name runs counter to public order or is against accepted norms or morals. The examples provided in the Elucidation to this Article suggest that a foundation such as the Commercial Sex Workers Foundation would be against accepted moral norms. Once a foundation ceases to exist for whatever reason, it must be removed from the register of foundations.
The Regulation is obviously in Indonesian and one of the provisions requires that foundation appear before the name of the foundation. In Indonesian the word for foundation is ‘yayasan’ and for Indonesian named foundations this is already standard practice. However, it would seem a little strange for the word foundation to appear before the name of the foundation in English unless foundations are named “The Foundation for …”. This is probably of more interest to translators and interpreters than it is to the founders of a foundation.
Before a foundation can be registered it must first be legalized by the Minister. This will require that the Articles of Association are in order along with all other documents.
Local foundations must be capitalized at IDR 10 million and foreign foundations must be capitalized at IDR 100 million.
The procedures for establishing a foreign foundation are set out in Articles 10 – 14 and the activities of foreign foundations are described at Article 26.
Foundations may receive Central and Regional Government assistance and the manner in which this assistance can be supplied is enumerated in the Regulation.
The Regulation has been in force since 23 September 2008.
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