An Analysis of Business Entity Elements as Business Actors in Relation to Foundations: A Review of Indonesian Government Regulation No. 5 of 2021

Abstract

This research aims to analyze the elements of business entities in relation to Foundations. The designation of Foundations as legal entities or non-legal entities has been a subject of discourse in the field of law because Law No. 28 of 2004 stipulates that Foundations cannot directly engage in business activities but must do so through business entities they establish. This has led to differing opinions: one group believes that Foundations are not legal entities, while another group argues that Foundations are business entities since they engage in profit-seeking activities. This research employs empirical legal research methods, with the research conducted in South Sulawesi, utilizing primary and secondary data collected through interviews and literature studies. The findings reveal that in analyzing the elements of a legal entity in relation to Foundations, one element is not fulfilled, namely the profit-seeking objective. Foundations engage in activities to increase profits not as their ultimate goal, but solely to ensure the sustainability of the Foundation so that its purposes and objectives can be achieved.