Vol. 6, Issue 1 (2020)
Philosophical, sociological and judicial foundation as a means of reconstructing the law of Koperasi in Indonesia based on the value of justice
Author(s): Didi Sukardi, Teguh Prasetyo, Anis Mashdurohatun
Abstract: In Indonesia, a concept of cooperative commonly called Koperasi has received noble nicknames and are mentioned in the constitution, it turns out that Indonesian Koperasi for more than half a century of existence did not show encouraging developments. Many factors hinder the progress of Koperasi. This results in the development and empowerment of Koperasi that are difficult to realize strong and independent Koperasi that are able to develop and empower Koperasi. It is difficult to realize strong and independent Koperasi that are able to develop and enhance the Koperasi, potential, and economic capabilities of members in order to improve their welfare and social well-being. One of the inhibiting factors is the legislation. Law Number 25 of 1992 concerning Koperasi turned out to be inadequate for use as an instrument for Koperasi development. This can be seen in the provisions governing the values and principles of Koperasi, the granting of legal entity status, capital, management, Koperasi savings and loan business activities and the role of the Government.The paradigm used is a constructivist paradigm. This research was conducted with a statute approach (statuteapproach) and a normative juridical approach which is also referred to as doctrinal research. In connection with the type of descriptive normative research that was finally selected in this study; so as stated by experts, normative research usually uses, among others, the statutory approach, the conceptual approach, the analytical approach, the philosophical approach and the case approach. The specifications of this study are also analytical in nature, with primary and secondary legal materials. The data analysis used in this study is a qualitative analysis. Research Shows that the Reconstruction of Legal Norms with Article Definitions of Koperasi, Membership, Management and Supervisors, Koperasi Capital, Savings and Loans, Development of Koperasi and Administrative Sanctions and Criminal Sanctions Law Number 25 of 1992 concerning Koperasi. Reconstruction of Legal Norms is carried out on Article Definition of Koperasi, Membership, Management and Supervisors, Koperasi Capital, Savings and Loans, Development of Koperasi and Administrative Sanctions and Criminal Sanctions Act Number 25 of 1992 concerning Koperasis.