Humans are social creatures, it means that they will need the presence of others to meet their needs. Their need was various, which is food, shelter, until expensive things.
At a certain stage, some people who have similar needs can gather and then make such an associations. The scope of the association was very large, ranging from the similarities of hobbies such as basketball clubs and soccer clubs, until the similarity of political objectives that formed political parties. Of course, in order to guarantee the continuity of the association, clear legality is needed.
The question is how does the legality mean? Should it be a legal entity such as a Limited Liability Company? Apparently not. The Indonesian legal system recognized the concept of Non-Legal Entities as an alternative.
The concept of a Non-Legal Entity Association has long been known in Indonesia. The proof was that it has been regulated through the colonial era regulations, namely Staatsblad Number 64 of 1870 (Stbld 64/1870) which was amended by Staatsblad Number 84 of 1933. The Stbld stated that a legal entity must be announced through official state news.
However, non-legal associations cannot carry out civil actions independently. This was regulated in Article 8 Stbld 64/1870. Its members cannot appoint the power to do anything. In short, all the activities of the association must be carried out and borne together (joint responsibility)
The steps taken to register non-legal associations were quite easy.
First, the parties immediately make a deed of establishment, which contained the articles of association and by-laws and is ratified by a Notary.
Second, the parties propose making the organization’s domicile statement to the Village Head / Lurah / Camat or other called where the association will be secretariat.
Third, the parties make a Tax Registration Number according to the domicile of the association secretariat.
Fourth, the parties requested specific recommendations for associations engaged in certain fields from: ministries in charge of religious affairs for associations that have specialties in the field of religion; or the ministry or regional apparatus in charge of cultural affairs for associations that have a specific field of belief in God Almighty.
In addition, if the association included state officials or government officials or community leaders, it is necessary to obtain a letter of willingness from the person concerned.
Fifth, the parties submit a Registered Public Organization (SKT Ormas) Certificate to the Ministry of Home Affairs through the Director General of Politics and General Government if the association is a national level. Meanwhile, if the association has a regional level enough to the Regional Government alone.
The submission of the CSO SKT brings the files obtained from the previous steps added by carrying:
- Form data collection of associations;
- Statement letter not affiliated institutionally with political parties;
- a statement that the name, symbol, flag, image, symbol, attribute, and stamp used have not been patented and / or copyrighted by another party and are not owned by the Government;
- Bio data of the organization’s management, namely the chairman, secretary and treasurer or other designation
- Right photo of the management of the colored organization, size 4 x 6 (four times six), the latest in the last 3 (three) months;
- Photocopy of Electronic Citizen Identity Card of the organization; and
- A complete decree concerning the organizational structure of the CSOs that is valid in accordance with the Civil Society Organization’s Bylaws.
After that, the parties are just waiting for the issuance of SKT. Issuance of SKT is no later than 15 days after the registration file for incoming association is in the Government.
So, what are you waiting for? Register your group immediately. No legal entity is not a problem. Still confused? Or don’t have time to take care of it? We can help you.
Please contact our Hotline at: 0815-8216-588 or email legalmobs@gmail.com
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