LEGAL IMPLICATIONS OF FOUNDATION AMENDMENT DEEDS ORIGINATING FROM AN ILLEGITIMATE BOARD OF TRUSTEES

This study aims to analyze the legal implications of a deed amending a foundation’s statutes when such an amendment originates from a Board of Trustees (Pembina) that lacks proper legitimacy. This is a normative legal study employing statutory, conceptual, and case-based approaches. Legal materials comprising primary, secondary, and tertiary sources were gathered through literature re-search. The findings indicate that the validity of a deed amending a foundation’s statutes depends on the legitimacy of the Board of Trustees, the validity of the meeting resolutions, and compliance with the procedures stipulated in the foundation’s Articles of Association and applicable laws and regulations. A defect in the legitimacy of an amendment deed which serves as the basis for estab-lishing authority can affect the validity of subsequent deeds derived from those initial resolutions. However, the legal consequences for each individual deed must be determined based on the specific legal relationships involved and judicial assessment, rather than occurring automatically. The deci-sion of the Central Sulawesi High Court (Case No. 120/Pdt/2025/PT Pal) declared Deeds No. 12, No. 34, and No. 01 to be valid and binding, illustrating that judicial evaluations regarding the validity of a Board of Trustees' resolutions and a foundation's amendment deeds can vary. Furthermore, a nota-ry is obligated to verify that all formal and procedural requirements are met, without assuming the court's authority to resolve internal disputes within a foundation. Consequently, the authenticity of a deed and its administrative registration do not preclude the possibility of challenging the validity of the underlying resolutions.