Resilience Kinship Principle in Cooperatives Quo the Pillar of the Indonesian Economy

DOI

10.2991/aebmr.k.200321.032How to use a DOI?

Keywords

cooperative, kinship principle, legal interpretation

Abstract

Based on Article 33 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the spirit of cooperatives is placed as the basic pillar of the Indonesian economy. The Indonesian people intend to set up a joint venture economic system based on family principles. As stated by Mohammad Hatta, what is meant by the business, is none other than the Cooperative as stated in the Elucidation of the 1945 Constitution (Original Text). Cooperatives are declared as business buildings in accordance with the economic system to be developed in Indonesia. Law Number 17 of 2012 concerning Cooperatives is said to contain the value of capitalism, which is reflected in the principles contained in and scattered in its articles by prioritizing capital and individualism which makes the main characteristic of capitalism. In this article, it will examine how the interpretation of the principle of kinship which is the main basis for the existence of cooperatives in the Constitutional Court Decree Number 28 / PUU-XI / 2013. The results of research on the application of the principle of kinship which is the main foundation of cooperatives are not in accordance with Law Number 17 of 2012 concerning Cooperatives, and are contrary to the principles of kinship and collectivism. Thus, in order to avoid the legal vacuum that can lead to uncertainty and injustice over the existence of cooperatives, then Law Number 25 of 1992 concerning Cooperatives applies temporarily.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Resa Yuniarsa Hasan
AU  - Ilham Kurniawan Ardi
PY  - 2020
DA  - 2020/03/27
TI  - Resilience Kinship Principle in Cooperatives Quo the Pillar of the Indonesian Economy
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 235
EP  - 247
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.032
DO  - 10.2991/aebmr.k.200321.032
ID  - Hasan2020
ER  -