Act 17 of 2012 on Cooperatives re-reviewed the material to the Constitutional Court (MK) by several foundations and cooperatives on Monday (8/7). Revised petition with the trial court 60/PUU-XI/2013 Number is led by Judge Maria Farida Indrati.
"Advice judges to see the petition No. 28/PUU-XI/2013 we’ve done and indeed there are similarities," said the applicant’s attorney, Edi H. Gurning.
According tp Gurning, the applicant will keep reviewing out the phrase ‘legal entity’ as stated in Article 1 paragraph 1 and Article 1 of Law 11 Cooperatives. "If at first we test the whole article in the cooperative law, so now we lead the legal entity."
While the phrase "capital investment", continued Gurning, Applicant will only focus on Article 1 paragraph 11 of the Cooperatives. "Capital investment, in the petition, we examine the capital investment in a few phrases, but in this application only test of Article 1 number 11," he said.
Applicant consists of Yayasan Bina Desa Sadajiwa, Insani Cooperative Work, Women Headed Household Empowerment Foundation, the Association of Women’s Small Business Assistance (ASPPUK), Association of Women’s Resource Development Center (PPSW), Institute of Research and Development Cooperative (LePPek), as well as some individual applicant objected with some articles in the Law on Cooperatives. According to the applicant, according to the definition of cooperatives Act that puts the cooperative only as a "legal entity" and / or as a subject in real conflict with the ideology of the nation’s ideals set forth in the Preamble of the 1945 Constitution. Defining the cooperative result in "Cooperative corporatization", i.e. the emergence of companies claiming to be cooperative with the status of legal entities, but does not have an identity cooperative and do not co-operative principles and just do the business alone.
While the equity, then the members of the cooperative will be the object of exploitation, creating dependency, lost initiative and ultimately lead to low participation of members of the cooperative. Then, the provision of Indonesia Cooperative Council 1angka as provided in Article 18, Article 115, Article 116, Article 117 and Article 118, and Article 119 of the Law on Cooperatives is has obviously made the position of the cooperative movement became part of the subordinate from outside and eliminate the autonomy of the cooperative movement that should gain recognition and protection. (Lulu Anjarsari / mh)
Monday, July 08, 2013 | 17:45 WIB 132