ASAS KEKELUARGAAN DAN GOTONG ROYONG DALAM TATA KELOLA PERKOPERASIAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 28/PUU-XI/2013

MURTADHA MUTHAHHARI, NIM: 16340098 (2022) ASAS KEKELUARGAAN DAN GOTONG ROYONG DALAM TATA KELOLA PERKOPERASIAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 28/PUU-XI/2013. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The latest amended law is Law Number 17 of 2012 concerning Cooperatives (Law No. 17 of 2012 concerning Cooperatives). UU no. 17 of 2012 concerning Cooperatives in the early days of its ratification caused problems in the community. This problem is shown by the request for a judicial review of Law no. 17 of 2012 to the Constitutional Court of the Republic of Indonesia. This application resulted in the Constitutional Court Decision Number 28/PUUXI/2013. The Constitutional Court Decision Number 28/PUU-XI/2013 in its ruling stated that Law no. 17 of 2012 is contrary to the 1945 Constitution and at the same time cancels the entry into force of this law. This ruling also temporarily enforces Law No. 25 of 1992 until a new law is enacted. This decision focuses on the principle of kinship that should be attached to cooperatives. For this reason, this thesis will discuss and examine the Family Principles in Cooperative Governance after the Decision of the Constitutional Court Number 28/PUUXI/2013. The type of this research is library research with a juridical-normative approach. Sources of material are obtained from laws and regulations, books, scientific works, and are supported by data on cooperatives. The nature of this research is descriptive-analytical, namely describing it through data from the decisions of the Constitutional Court and the Regulations of the Minister of Cooperatives and SMEs of the Republic of Indonesia and then analyzing the applicable regulations and the theory put forward. The results of the study indicate that Law no. 17 of 2012 is unconstitutional. This is because this law has a liberal spirit and is not in line with the meaning that the economy is structured as a joint effort based on the principle of kinship as stated in Article 33 of the 1945 Constitution. This study also shows that the Regulation of the Minister of Cooperatives of the Republic of Indonesia issued after the Constitutional Court's decision as a whole has fulfilled the values the basic values of kinship and mutual cooperation. This is indicated by prioritizing the role of members as a unit in the cooperative in every activity and decision making within the cooperative. The role of members is prioritized in deciding policies that exist in cooperatives, such as savings and loan activities, fertilizing equity participation, member meetings, and distributing People's Business Credit (KUR). However, there are rules that are not in accordance with the principles of kinship and mutual cooperation in Cooperative Governance. This discrepancy lies in the Regulation of the Minister of Cooperatives and SMEs Number 17/PER/M.KUKM/IX/2015 concerning Cooperative Supervision. This regulation has reduced the role of supervisors who have been elected by members

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