Law No. 17 of 2012 on Cooperatives emphasizes the modalities and legal entities compared to the aspirations of its members. This contrasts with the cooperative philosophy oriented to improving the welfare of its members. This was stated by the Petitioner’s witnesses in testing Robby Sincere Cooperation Act held the Constitutional Court on Tuesday (1/10). The trial continued with the case number 60/PUU-XI/2013 is led by Deputy Chief Justice Hamdan Zoelva.

"Though the aspirations of members not just the economic, but also social and cultural that not only can be served with a capital instrument, but also an instrument of education and ongoing service," said Robby at Plenary Room.

As for supervision, Robby giving advice to the Government establishes an external agency to carry out the cooperative oversight of the cooperative. The selection of an external agency continued Robby, to avoid internal conflicts in cooperative body. "Monitoring should be conducted by an external agency specifically established to conduct social audit and financial audit," he explained.

Meanwhile, the government presented three experts, namely Pramudia Arifin, Kelvin and Rully Indrawan. In a statement, explaining the importance Arifin Pramudia Dekopin presence. According Pramudia, where Dekopin necessary to develop co-operative values at home and abroad. Dekopin acts as a coordinator to ensure the life of cooperatives in Indonesia. Thus, the emergence of cooperative organizations outside Dekopin conservationist, not a problem. "The emergence of conservationist organizations outside Dekopin would strengthen Dekopin. And the birth of democracy mover organizations will strengthen democracy in the economy in the form of cooperative systems," he explained.

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", ie 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)