Hadi Nugraha Pratama, S.E || Ideologi dan Landasan Hukum Koperasi

Summary

In this educational presentation, Hadi Nugraha discusses the foundational principles of cooperatives, including their definition, ideology, and legal framework. He explains the cooperative's role as a democratic, autonomous, and community-oriented economic entity. Key points include the cooperative formation process, changes in cooperative laws, especially the shift from 20 to 9 members, and the controversial amendments in Law No. 17/2012. The session highlights the importance of understanding cooperative ideology and staying informed about legal reforms to ensure cooperatives remain aligned with their core values and principles.

Takeaways

• 😀 The script introduces the topic of cooperatives in Indonesia, highlighting the importance of understanding their ideology and legal foundation.
• 😀 The definition of a cooperative is outlined according to Indonesian Law No. 25/1992, describing it as a legal entity consisting of individuals or other legal entities, aiming to serve economic and social needs based on cooperative principles.
• 😀 The process for establishing a cooperative is explained, with an emphasis on the change in Law No. 11/2020, reducing the minimum number of members for forming a cooperative from 20 to 9 people.
• 😀 Cooperative ideology is discussed, focusing on the idea that cooperatives are voluntary associations aimed at meeting collective economic and social needs, with democratic governance.
• 😀 The legal foundation of cooperatives in Indonesia is based on Pancasila and the 1945 Constitution, as well as the principles of family cooperation.
• 😀 Historical context is provided, mentioning the earlier Law No. 12/1967 that divided the legal foundation into three aspects: ideal, mental, and structural foundations, and the role of the 1945 Constitution in shaping cooperative governance.
• 😀 The script discusses the changes in cooperative laws, particularly the shift from Law No. 25/1992 to Law No. 17/2012, and how this caused controversy and was eventually annulled by the Constitutional Court.
• 😀 The key points of the polemic surrounding Law No. 17/2012 are explained, including the redefinition of cooperatives, changes in supervisory board regulations, and the removal of mandatory membership fees.
• 😀 There is a specific mention of the controversial changes in the structure and governance of cooperatives in the 2012 law, such as the removal of mandatory savings and the introduction of cooperative capital certificates.
• 😀 The conclusion stresses the importance of understanding the ideology and legal foundations of cooperatives, and how this knowledge is crucial for adapting to potential future changes in cooperative laws.

Q & A

What is the definition of a cooperative according to Indonesian law?

A cooperative is defined as a legal entity or organization composed of individuals or legal bodies, operating based on cooperative principles and serving as an economic movement founded on the principle of mutual assistance.

How many people are required to form a primary cooperative in Indonesia?

A primary cooperative in Indonesia was originally required to be formed by at least 20 people, but this has been changed by Law No. 11/2020 to just 9 people.

What is the ideological foundation of cooperatives worldwide?

The ideology of cooperatives is based on a vision of cooperation that emphasizes mutual benefit, democratic control, and voluntary participation. It is the guiding principle that defines the purpose and spirit of cooperative movements globally.

What are the three key legal foundations of cooperatives in Indonesia?

The legal foundations of cooperatives in Indonesia are: (1) **Pancasila**, which serves as the ideological foundation, (2) **UUD 1945** (the 1945 Constitution), which provides structural and constitutional support, and (3) the principle of mutual assistance and family-like solidarity.

What change occurred regarding the legal basis of cooperatives in Indonesia in 2012?

In 2012, **Law No. 17/2012** was introduced to replace **Law No. 25/1992**. However, this law faced significant opposition and was eventually annulled by the **Constitutional Court** due to various issues, such as the definition of cooperatives and changes in governance and funding models.

Why was **Law No. 17/2012** on cooperatives controversial?

Law No. 17/2012 was controversial because it included changes like altering the definition of cooperatives, introducing an overseeing body with a salary, allowing non-members to elect cooperative leaders, and changing the funding mechanism from mandatory savings to certificates of cooperative capital.

What are some key differences between **Law No. 25/1992** and **Law No. 17/2012** regarding cooperatives?

Some key differences include the shift from defining cooperatives as associations of individuals or legal entities to a more business-oriented structure, the introduction of non-member management, and changes to the financial model, such as replacing mandatory savings with cooperative capital certificates.

What is the role of the **Constitutional Court** in relation to the changes in cooperative law?

The Constitutional Court played a critical role in reviewing and ultimately annulling **Law No. 17/2012** due to significant concerns raised by cooperatives, especially about the changes in the cooperative's definition, governance structure, and financial models.

What principle governs the operation of cooperatives in Indonesia?

The operations of cooperatives in Indonesia are governed by the principle of **mutual assistance and solidarity**, and their activities must align with democratic practices, ensuring that all members have an equal say in the cooperative's decisions.

How does the understanding of cooperative ideology influence its future development?

Understanding cooperative ideology is crucial because it helps ensure that any future laws or amendments remain aligned with the cooperative's fundamental principles of democracy, voluntary membership, and mutual benefit, which are vital for its sustainability and relevance in society.