In this article, I will try to give detailed information about the basic types of foundations for houses.
Foundation is a legal entity that has social, human and religious, educational and other aims and objectives.
No kidding, the rules in the foundation are also based on strong laws. So that people cannot use and take care of it carelessly.
The legal basis of the foundation is Law No. 28 of 2004 on Amendments to Law No. 16 of 2001 on the Foundation.
Government Regulation No. 63 of 2008 on the Implementation of the Law on Foundations.
The Foundation has no members.
This means that the foundation does not have the same kind of shareholders as PT or allies in CV or members in other business entities.
However, it is driven by the organs of the foundation, both the supervisor, the supervisor, and even more so, the board as the daily executor.
Definition of Foundation
Foundations themselves do not have members and foundations are established by taking into account the formal requirements stipulated by law. In Indonesia, foundations are regulated by law number 16 of 2001 and Law number 28 of 2004 concerning amendments to law number 16 of 2001 concerning foundations.
To establish a foundation, it is done with a notarial deed and has the status of a legal entity, because the foundation is an official legal entity that requires approval by the Minister of Justice and Human Rights or an appointed official.
There are two types of foundations, namely foundations established by the government and private foundations or individuals.
A foundation has its own assets separated from the assets of its founder or management, which are used as initial capital to carry out activities.
Meanwhile, the initial assets of the Foundation as stipulated in Article 6 of Government Regulation No.63 Year 2008 concerning Implementation of the Law on Foundations are IDR 10,000,000.
Value here means that it can be in the form of money or goods, both movable and immovable property.
The definition of a foundation according to experts is as follows.
According to Poerwadarminta, he explained that a foundation was established with the aim of advancing a school for certain purposes and objectives.
- Zainul Bahri
Zainul Bahri is of the opinion that a foundation is a legal entity that appears as a means to achieve certain goals in the social sector in particular.
- Achmad Ichsani
Ichsani said the foundation had no members. This is because some of the assets of a foundation are separate from the assets owned by the founders.
Some of the property that has been donated to the foundation will be the wealth of the foundation and used in advancing the social, religious and other fields.
- CST Kansil and Christine ST Kansil
CST Kansil and Christine ST Kansil stated that the Foundation or Stichting (Netherlands), a legal entity that carries out activities in the social sector.
The establishment of the foundation has clear objectives in the social, educational and other fields. The purpose of establishing a foundation must also be stated in the statutes of the foundation. There are also objectives of a foundation according to UUY are:
- To achieve certain goals in the social, religious and humanitarian fields.
- Foundations must be social, religious and human in nature.
- The purposes and objectives of the foundation must be stated in the articles of association of the foundation.
Terms of Establishment of the Foundation
Establishing a foundation is not just any way. A foundation has been regulated by law, so its establishment must also meet the applicable terms and conditions. The conditions for establishing a foundation are:
- A foundation is established by one or more persons by dividing part of the assets of the establishment from the initial assets of the foundation.
- The establishment of the foundation is done through a notarial deed and made using the Indonesian language.
- The organizational structure in the foundation consists of coaches, foundation administrators and supervisors.
- Foundations can also be established based on a will.
- The foundation can obtain the status of a legal entity after the deed of establishment of the foundation has been approved by the minister or an official who has been appointed.
- Foundations must not use names that have been legally used by other foundations and foundations must not be contrary to public order and decency.
How to set up a foundation
Foundations can be established by one or several people. Those who founded the foundation will later be called the founders. To establish a foundation, documents are required as a condition. The documents that must be taken care of in order to establish a foundation are as follows.
- Deed of Establishment of the Foundation from a Notary
- Certificate of Domicile of the Company from the Kelurahan and Kecamatan
- Registered Certificate / NPWP from the Taxation Office
- Decree of the Ministry of Law and Human Rights of the Republic of Indonesia
- Announcement in the State Gazette of the Republic of Indonesia from the State Printing Corporation of the Republic of Indonesia
- Certificate of Foundation Registration from Social Service
Conditions and Documents required/prepared to Establish the Foundation, among others:
- Name of Foundation
- Total Foundation Initial Wealth
- Proof of Capital/Assets as the initial wealth of the Foundation
- Photocopy of the Founder’s KTP
- Photocopy of KTP of Trustees, Supervisors and Management of the Foundation
- Photocopy of Personal NPWP especially for the head of the Foundation
- Photocopy of evidence of the Foundation’s office (in the form of SPPT PBB / Rental Agreement Letter)
- Letter of Introduction to RT / RW in accordance with the domicile of the Foundation
- Other requirements if needed
Foundation Establishment Procedure
The procedure for establishing a foundation is actually not as difficult as one might imagine. So when you have dealt with a notary public, your business will actually be easier.
Because the notary will make the Foundation Establishment Deed in the form of a notary deed and will also oversee the foundation establishment process. Namely starting from ordering names, submitting requests for approval of a foundation legal entity to the Minister, to receiving process files for the foundation.
When the conditions are complete, then the founders together face the Notary to sign the deed of establishment. This foundation has been considered standing since the signing of the deed of establishment by the founders in the presence of a Notary.
However, this foundation is not yet a legal entity. For this reason, the Notary will immediately process the legalization of the Foundation legal entity to the Ministry of Law and Human Rights of the Republic of Indonesia.
If the Deed of Establishment of a Foundation has been legalized as a legal entity by the Minister of Law and Human Rights, the foundation can operate or carry out legal actions which are also legally responsible for what it does.
The management process takes approximately 60 working days.
Types of Foundations for Houses
It is applied if there is a suitable ground for the safe transfer of the load of the building close to the ground surface and within the boundary of the leash.
The foundation cannot be placed on the ground surface, even if it is rock ground. It should definitely go below the frost level. Such foundations can be applied on both dry and wet grounds.
Singular (Individual) Basics
Single foundations, also called individual or foot foundations, are applied when the foundation ground is medium hard and the building weight is low.
Such foundations are also called strip or continuous foundations. They are applied to transfer the building load to the ground during the foundation session where the foundation ground is solid.
- Difference Between Shallow and Deep Foundation
- Pile Foundation Construction Process – Step by Step
These foundations, also called raft – general, are applied in filled floors or in cases where the safety stress is very low and the foundation floor has a very compressible feature or the foundation wall and columns are very close to each other.
If the solid ground is too deep; It is made both to benefit from the ground layers with high bearing power and to create usable volumes in the ground.
The load of the structure is transferred to the deep solid ground by means of piles driven into the ground, using the pile ends or the friction of the side surfaces of the pile. Pile types differ according to their usage.
Piles are divided into three according to the way their loads are transferred to the ground:
a) End piles
b) Floating piles
c) Partly end piles and partly floating piles
Piles are divided into two according to the way they carry the loads:
a) Pressure piles
b) Tension piles
In cases where it is necessary to have a deep solid ground and to make a wider square and solid foundation than caisson foundation and pile foundations, caisson foundations are applied. This type of foundations are built on the ground with an empty inside and lowered to the desired depth by taking advantage of its weight.
- Caisson Foundation Types and Their Benefits
- Pile Foundation Construction Process – Step by Step
The caissons are divided into three;
a) Open Caissons,
b) Pneumatic caissons
c) Floating caissons (floating trunks)
It is built like single foundations and usually reinforced concrete. The legs are brought to the junction points of the walls specified in the plan and the bases are expanded in a square or bell shape. The upper parts of these pillars built in the pit of the open foundation are connected to each other by reinforced concrete beams.