The revision session in judicial review of Act 17/2012 on Cooperative No. 28/PUU-XI/2013 was held on Tuesday (16/4) at the Plenary Court. Some cooperatives in East Java recorded as Petitioners in this case, including the Employees Cooperative Republic of Indonesia (GKPRI) East Java, Central Village Unit Cooperatives (Puskud) East Java, East Java Women’s Cooperative Center (Puskowanjati), Central Cooperative An-Nisa ‘East Java, Central Cooperative BUEKA Assakinah East Java, Indonesia Dairy Cooperative Association, and several individual Petitioners.
Through their attorney, Aan Eko Widiarto, submit revisions that have been made based on advice given by the repair request Constitutional Council, chaired by Deputy Chief Justice Ahmad Sodiki. Among other improvements made include AD / ART applicant, request to elaborate arguments, and more. "Regarding the petition, we also do repairs because it involves the cancellation of the law. Then we also improve the arguments of the petition under Article 1 paragraph 1 of Law a quo," he explained.
In addition, Aan describes the overall improvement chapters by elaborating it. If there is any conflict between the norm previously, it exposes Aan had changed and elaborated it. "We made two posita relating to annul laws and that states do not have binding legal force," he explained.
In principal the petition, the Petitioner objected to Article 1 paragraph 1, Article 50 paragraph (1), Article 55 paragraph (1), Article 56 paragraph (1), Article 66, Article 67, Article 68, Article 69, Article 70, Article 71 , Article 72, Article 73, Article 74, Article, 75, Article 76, Article 77, Article 80, Article 82, and Article 83 of Law No. 17 Year 2012 on Cooperatives (Cooperatives Act). According to the applicant, the articles of a quo had violated their constitutional rights as guaranteed by Article 28C Paragraph (2), Article 28D paragraph (2), Article 28H Paragraph (4), and Article 33 Paragraph (1) of the 1945 Constitution.
Aan clarifies the definition of cooperatives as provided for in Article 1 paragraph 1 of Law Cooperatives were oriented on the meaning of the cooperative as an entity and not worth the materiality of the placement and the involvement of men (people) in the process of forming and survival of the cooperative. It is, further Aan, allowing that man will be the object of a business entity and not the subject of the Cooperative. (Lulu Anjarsari / mh)
Tuesday, April 16, 2013 | 15:28 WIB 160