POLITIK HUKUM TERHADAP KOPERASI INDONESIA

Agus Bambang Nugraha

Abstract


Cooperatives are economic institutions whose existence is mandated by the 1945
Constitution of Article 33 paragraph (1) of the 1945 Constitution states that: "The
economy is structured as a joint venture based on the principle of the family." The
position of the cooperative as a pillar of the economy, has a position parallel to and on
par with the other pillars, namely the economy under State sector and the private sector
economy.
In such conditions, this research to be interesting, especially to uncover the political shift
in the law as a result of the application of Law No. 17 in 2012 replacing Law No. 25, 1992.
The problems of the application of Law No. 17 in 2012 to more crucial since the
Constitutional Court (MK) granted the petition for judicial review of Law No. 17 in 2012
through the Decision on Case No. 28 / PUU-X / 2013. Constitutional Court's decision
which is erga omnes further confirmed that Law No. 17 in 2012 is diametrically opposed
to the values (values) are contained in the 1945 Constitution.
The results of the analysis of that Law No. 17 of 2012 has come out or contrary to the
philosophy of the cooperative which is a joint venture based on family principles. In
addition, Act No. 17 of 2012 concerning Cooperatives in juridical and sociological side has
been opposed to the capitalist system, the state is supposed to protect the small people's
economy, the cooperatives. Such protection are to maintain the philosophy, values, and
principles of cooperatives of other ideologies among other threats capitalism and
communism. Thus the cancellation of Law No. 17 in 2012 with the re-enactment of Law
No. 25, 1992, this has resulted that the Cooperative is not lost 'spirit' as a driver of
development and development of cooperation.
Keywords: Cooperative, Law, Political Shift, System of Capitalism


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