Foundations in Indonesia are known under Yayasan and are regulated by the Foundations law (Law No. 16 of 2001 amended by Law No. 28 of 2004 (“Foundation Law”), and Law No. 17 of 2013. In this articles we are reviewing how to establish and create a foundation in Indonesia and the criteria to do it.
A foundation is a type of legal entity created for purposes such as social, religious, or humanitarian work and is designed to operate indefinitely. Its primary goal is not to generate profit for distribution among its founders or the members.
Different types of foundation in Indonesia
If you plan to open a foundation in Indonesia or a place like Bali, the government makes a distinction between foundations based on the founders of the Yaysan.
Local Foundation
A local Yayasan is considered local when all the founders are Indonesian. The contribution of the founders to the local Yayasan is only 10 000 000 IDR. The process to establish is fast and easy. The founders need to sign a deed (Akta) at the notary and get the ministry approval (MOHLR).
Foundation founded by a foreign entity
If you are planning to open a branch of your foundation in Indonesia there is not real option to have a capital relation or contribution between the entities. However Indonesia offers the possibility to establish a Foreign Yayasan if you already own a company in Indonesia. This entity should exist for 5 years already.
The capital contribution should be 10 000 000 000 IDR which is the same as the PT PMA (LLC).
The foundation needs to get a recommendation from the Ministry of Foreign Affairs (MOFA) and then get approval from the Ministry of Law and Human Rights (MOLHR) to create a foundation in Indonesia.
Foundation founded by foreign individuals
Similar to the previous one, Yayasan with at least one foreign founder, needs to follow the similar process of approval with the MOFA and MOLHR. The foreigner must have been resident in Indonesia for at least 5 years. However, the initial contribution is lower at 1 000 000 000 IDR.
| Type of YaYasan | Initial Contribution |
| Local | 1 000 000 IDR |
| Foreign with at least one foreign founder | 1 000 000 000 IDR |
| Foreign founded by foreign entity (PMA) | 10 000 000 000 IDR |
Read Also: 12 Things To Know To Create A Company In Indonesia
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Organisation of a foundation – NGO – YaYasan in Indonesia
Founders
The founders are the person or entity initiating the creation of the foundation, YaYasan in Indonesia.
Board of Trustee
Chairman
The chairman of the board of Trustee can be one of the founders. If there are more than one founder in the BOT they all sit as chairman of the BOT.
Members of the BOT
If the foundation is a local YaYasan, foreigners cannot work under the BOT. However if the YaYasan is a foreign one, the BOT can hire foreigners to sit on the board. The foreigner has to apply for a work permit and get a limited stay permit (KITAS)
Scope of the BOT
The members can dismiss the board of management and supervisors. The BOT prepares and approves the budget and defines the orientation of the foundation.
Board of Management
Chairman – Secretary – Treasurer
The chairman of the BOM is appointed by the board of Trustee (BOT). The members are appointed for a period of 5 years. At least one Indonesian has to sit at the BOM. However only Indonesians can sit in a local foundation.
Scope of the BOM
The board of management is responsible for handling the operations on a daily basis.
In a foundation, they may face personal and joint liability in cases of bankruptcy or if financial statements are misleading due to their wrongful actions or negligence. They are also at risk of personal liability for failing to fulfil their responsibilities.
Board of Supervisors and Advisors
Members
At least 1 supervisor. Foreigners can sit in the BOS if the YaYasan is a foreign YaYasan. Foreigners need to apply for a work permit and a limited stay permit (KITAS).
Scope of the BOM
The BOS is responsible for supervising the BOM and can held as accountable in case of bankruptcy or illegal activity of the YaYasan.
FAQ
Can I hire foreigners under a YaYasan?
A foundation can hire foreigners and has to apply for a working permit and get a KITAS for its employee
Can foreigners create a foundation in Indonesia or Bali?
Yes foreigners can create a foundation is they have been resident for 5 years
Can I get a salary from the foundation?
Members of a board cannot get a salary from the foundation except if they are members of the Board of Management only.
