TINJAUAN YURIDIS BENTUK BADAN HUKUM KOPERASI TERKAIT PERLINDUNGAN HUKUM ANGGOTA KOPERASI.
JUDICIAL REVIEW OF THE FORM OF COOPERATIVE LEGAL ENTITY
RELATED TO THE LEGAL PROTECTION OF COOPERATIVE MEMBERS
ABSTRACT
Bico Joshua Aruan
110110110528
In social life, people always have the necessities of life, and because of the
need for human compelled trying to fulfil them through cooperating with one another.
One among them is in the form of cooperatives. One of the rapidly growing
cooperative is a credit union. The purpose of this study was to determine and
formulate the application of the principle of kinship (family) in the operational
systems associated with the Cooperative Act No. 25 of 1992 and identify and also
formulates the position of the cooperative members who place their fund as business
partners in associated with the fails of the Cooperative Administrators to return the
funds. .
Specifications of the study is analytical descriptive through describing,
explaining and analyzing systematically about the Legality of the CIPAGANTI
COOPERATIVE and protection of Business Partners as investors in the CIPAGANTI
Cooperative associated with the Cooperative Act, the principles of law, rule of law,
as well as the theories of cooperative law
Based on the research results, it can be concluded that firstly, the application
of Kinship Principle in the operational system as applied within the Koperasi
Cipaganti Guna Karya Persada (KCKGP) and Koperasi Karangasem Membangun
(KKM) are not in accordance with the Law No. 25 of 1992 on Cooperatives. This is
because KCKGP and KKM promising profits to their business partners who include
their funds into the cooperatives. Principle of family in the Act of Cooperatives has
the meaning to prioritise the interests of the cooperative members and not towards
profit orientation, otherwise they directs the cooperative become a business entity for
profit oriented. Secondly, the losses suffered by the business partners of the
cooperative is truly a responsibility that must be borne by the cooperative, which is
one of the cooperative organ is cooperative member. Responsibilities of members
contained in Article 55 of the Law of Cooperatives explains that the liability of
cooperative members occurs when the dissolution of the cooperative and naturally is
limited liability. Relating to the Article 1 paragraph (3) of Cooperation Agreement
Deed of Capital Investments and Venture Capital Management between the party of
KCKGP and the business partner as the party who place their capital, in this case
cooperative management and members are intravires, meaning that the members of
the cooperative anyhow also has responsibilities as stipulated under the provisions
of Article 55 of the Law on Cooperatives.
RELATED TO THE LEGAL PROTECTION OF COOPERATIVE MEMBERS
ABSTRACT
Bico Joshua Aruan
110110110528
In social life, people always have the necessities of life, and because of the
need for human compelled trying to fulfil them through cooperating with one another.
One among them is in the form of cooperatives. One of the rapidly growing
cooperative is a credit union. The purpose of this study was to determine and
formulate the application of the principle of kinship (family) in the operational
systems associated with the Cooperative Act No. 25 of 1992 and identify and also
formulates the position of the cooperative members who place their fund as business
partners in associated with the fails of the Cooperative Administrators to return the
funds. .
Specifications of the study is analytical descriptive through describing,
explaining and analyzing systematically about the Legality of the CIPAGANTI
COOPERATIVE and protection of Business Partners as investors in the CIPAGANTI
Cooperative associated with the Cooperative Act, the principles of law, rule of law,
as well as the theories of cooperative law
Based on the research results, it can be concluded that firstly, the application
of Kinship Principle in the operational system as applied within the Koperasi
Cipaganti Guna Karya Persada (KCKGP) and Koperasi Karangasem Membangun
(KKM) are not in accordance with the Law No. 25 of 1992 on Cooperatives. This is
because KCKGP and KKM promising profits to their business partners who include
their funds into the cooperatives. Principle of family in the Act of Cooperatives has
the meaning to prioritise the interests of the cooperative members and not towards
profit orientation, otherwise they directs the cooperative become a business entity for
profit oriented. Secondly, the losses suffered by the business partners of the
cooperative is truly a responsibility that must be borne by the cooperative, which is
one of the cooperative organ is cooperative member. Responsibilities of members
contained in Article 55 of the Law of Cooperatives explains that the liability of
cooperative members occurs when the dissolution of the cooperative and naturally is
limited liability. Relating to the Article 1 paragraph (3) of Cooperation Agreement
Deed of Capital Investments and Venture Capital Management between the party of
KCKGP and the business partner as the party who place their capital, in this case
cooperative management and members are intravires, meaning that the members of
the cooperative anyhow also has responsibilities as stipulated under the provisions
of Article 55 of the Law on Cooperatives.