COOPERATION

A. UNDERSTANDING COOPERATION
     Explanation of the 1945 Constitution states that the building business in accordance with the Indonesian national identity is cooperative . Cooperative is an economic movement that is run based on the principle of kinship . the core of the cooperative is cooperative , ie cooperation among members and administrators in order to realize the welfare of its members and the community as well as build the national economy . As an economic movement , the cooperative is not only owned by the rich but also owned by the people of Indonesia without exception .Here is a cooperative basis underlying the Indonesian cooperative activities in Indonesia.

    · Platform idiil ( Pancasila )
    · Mental Platform ( Faithful friend and self awareness )
    · Structural Basis and motion (UUD 1945 Article 33 Paragraph 1 )
Cooperatives are also organized movement which is driven by ideals - ideals people reaching advanced society , just and prosperous as mandated by the 1945 Constitution, particularly Article 33 paragraph ( 1 ) which states that :" The economy is structured as a joint venture based on the principle of kinship " . And " woke up in accordance with the company that is co-operative " . Encouraged ideals - ideals that the people , law - law on cooperatives No. . 25 of 1992 states that in addition to cooperative enterprises are also popular economic movement .Some definitions cooperative obtained from various sources , as follows :a. According to the definition Cooperative ILO (International Labour Organization )
    A more detailed definition of cooperatives and international impact is given by the ILO as follows :" Cooperative defined as an association of persons usually of limited means , who have voluntarily joined together to Achieve a common economic end thorough the formation of a democratically controlled business organization , making equitable contribution to the capital required and accepting a fair share of risk and benefits of undertaking " .In the ILO definition , there are 6 elements contained in the cooperative as follows :

    · Cooperative is a gathering of people - people ( Association of persons) .
    · Merger person - the person based on volunteerism ( voluntarily joined together ) .
    · There are economic objectives to be achieved ( to Achieve a common economic end ) .
    · Cooperative is an organization established businesses ( enterprises ) are monitored and controlled democratically ( formation of a democratically controlled business organization )
    · There is a fair contribution to the capital required ( making equitable contribution to the capital required)
    · Members of the cooperative receives the risks and benefits are balanced ( Accepting a fair share of the risk and benefits of the undertaking ) .
b . According to the definition Cooperative Chaniago
    Drs . Arifinal Chaniago (1984 ) in his book Indonesian Cooperatives provide a definition , " Cooperative is an association made ​​up of people - the person or legal entity that provides freedom in and out as members of the family work together to run the business to enhance the physical well-being of its members " .c . Definition of Cooperative According to Hatta
    According to Hatta , to be called cooperatives , something the organization is at - least 4 must implement the principle . Principle - the principle is :1 . It may not be sold and dikedaikan goods - fakes2 . price of the goods must be equal to the market price of the local3 . Size must be correct and guaranteed4 . Sale and purchase with cash . Credit banned for moving the hearts of people to buy beyond their ability .d . According to the definition Cooperative Munkner
    Munkner defines a cooperative as an organization help - help that running " urusniaga " is set , that based on the concept of help - help . Activity in urusniaga only - aim eyes economics , not social as conceived gotong - royong .e . According to the definition of the Cooperative Act - Act No. . 25 of 1992
    Act - Act No. . 25, 1992, gives the definition of " cooperative is a business entity consisting of people - individuals or legal entities that bases its activities on the basis of economic cooperation as well as the people's movement is based on the principle of the family " .Based on the limitations of cooperatives , cooperative Indonesia contains 5 elements as follows :

    · Cooperatives are business entities ( Business Enterprise )
    · Cooperative is a collection of people - people and or bodies - legal entity cooperative
    · Indonesian Cooperative is a cooperative that works based on " principle - the principle of cooperation "
    · Cooperative Indonesia is the " People's Economic Movement " .
    · Indonesian Cooperatives " based on the principle of kinship "
f . According to Dr. definition Cooperative . Fay
   Dr. . Fay in 1908 provides a definition , " Cooperative is an association * with goal attempt with which consists of those who are weak and labored with a zeal not always think of themselves such that each - each capable of carrying out its obligations as a member and receive benefits comparable to those opportunities the organization " .g.Definisi Cooperative According to Calvert
   Calvert in his book The Law and Principles Of Cooperation provides a definition , " Cooperatives are organizations of people - people whose desire is voluntary as humans on the basis of unity to achieve their goals - each " .h . According to the definition of Cooperatives ICA ( International Cooperation allience )
    ICA in his book " The Cooperative Principles " by PE Weraman provides the following definition : " Cooperatives are a collection of people - the person or legal entity that aims to improve socio-economic needs of its members to meet with the members help each other with each other by way of limiting profits , the business should be based on the principle - the principle of cooperation " .i . According to Prof. definition Cooperative . Marvin , A. Schaars .
   Prof.Marvin , A. Schaars , a professor from the University of Wisconsin , Madison USA , gives the definition of " A Coorperative is a voluntary business is owned and controlled by the member patrons , and operated for them and by them an a non- profit or cost basis " . Which means , " Cooperative is an entity that voluntarily owned and controlled by members who are also its customers and operated by them and for them on a nonprofit basis or on the basis of cost " .j . Under the definition of Cooperatives - Cooperatives Act India
   Act - Indian Cooperative Act 1904 which was renewed in 1912 provides a definition , " Cooperatives are community organization or group of people - those who aim to increase revenues or seeking economic needs of its members in accordance with the principle - the principle of co-operative " .
ELEMENTS OF COOPERATIONElements - elements that exist in the organization of cooperatives in general is related to membership , meeting members , supervisors and managers .a. membership CooperativeCooperative membership includes one of the elements that determine the cooperative organization . Without members , the cooperative may not clear up , let alone operate. Therefore, the position of members in the cooperative law is a necessity and as a consequence the members of the public have a right and obligation .Related to cooperative membership stipulated in Article 17 legislation - Law No. 25 of 1992 on cooperatives that mention 1 ) Members of the cooperative is the owner and user services cooperatives ; 2 ) Membership Cooperative entered into a register of members. In kedudukanya as owners , members of cooperatives 1 ) is a cooperative financier contained and therefore must contribute capital to the cooperative , in accordance with the corresponding provisions in the articles of association / bylaws and member meetings or decisions ; 3 ) keep an eye on everything that is done by cooperatives so as not to deviate from the decision - a decision that set by the members and for the security of the capital invested by the members to the cooperative .In his capacity as a service user or customer of the cooperative , members must participate actively in the activities of the cooperative effort . Kegiata essentially a cooperative venture activities decided by the members and organized for the benefit of its own members .Further proof of ownership in the cooperative member plaksanaan realized with the obligation to pay principal savings are evidenced in the form of a certificate . The provisions clarify understanding cooperative membership , if compared, for example , the notion of membership in clubs / community organizations , or foundations , or limited liability company that is not familiar with the term members , but using shareholder understanding . On the basis of the cooperative members is raw or normative . With the terms and understanding that , then basically cooperative members are active in exercising the rights and obligations , either as owner or as a cooperative service users . This is different from , for example, shareholders in a limited liability company or a member of the community association , which is generally passive .Legal position of the cooperative members as referred to above , the member strength , stability , protection and security for those who are or who will become members of the cooperative . They become members of the cooperative with full awareness and not participate - along or as forced or as if - if required by the other party . Consciousness is realized by meeting the membership requirements as stipulated in the articles of association / cooperative household budget is concerned . It also means that members bind themselves to the cooperative under the civil law as a covenant . With the entry into force of this agreement , both parties ( members and cooperatives ) have the same rights and voice , one member one vote . Similarly, the assertion that cooperative membership can not be transferred , because the starting point is the cooperative membership , not capital . Than has been described in advance , then the membership is a special identity on which to base or a solid foundation for a cooperative organization .b . Meeting of Members CooperativeMeeting members of the cooperative is an organization or institution , not just a meeting forum . Meeting of members is one of the co-operative organizations . And therefore represent an organizational structure cooperative institutions . Meeting of members of the legal position is affirmed in Article 22 of Law - Law No. 25 of 1992 on cooperatives , which states 1 ) members 'meeting is the highest authority in the cooperative ; 2 ) members' meeting was attended by members of the implementation provided for in the articles of association . With these provisions is clear that understanding the term meeting of members have the functions, powers , rules , and regulations , the terms of which are binding , but instead became his strength . Meeting of members as the highest authority in the cooperative have accrued a very decisive , authoritative and source of any decisions or actions taken by the other co-operative organizations and the managers of the cooperative effort . Discretion and decision taken by the meeting of members must be adhered to and is binding on all members , administrators , supervisors and managers of the cooperative effort . That means that the position or the force of law to determine members' meeting and the deeds of the law due to the cooperative , in conjunction with members and other parties / entities other . Functions and powers of the crucial meeting of the institute aggota to bring some sort kedudukkanannya legislature . This is affirmed in Article 23 of Law - Law No. 25 of 1992 on perkoprasian which states that members' meeting set 1 ) basic budget 2 ) public policy in the field of organization , management and cooperative effort 3 ) the selection , appointment , dismissal of administrators and supervisors 4 ) work plan , plan of income and expenditure as well as the ratification of the cooperative financial statements 5 ) ratification of the board accountability in the execution of their duties 6 ) division of net income 7 ) Merger , consolidation , division and dissolution of cooperatives .c . Cooperative ManagementCooperative management is a set of cooperative organization is an institution / body structural organization of cooperatives . Position as the holder of the power of the board meeting of members have the duty and authority established by law - law number 25 of 1992 on perkoperasiaan , articles of association and by-laws and other regulations in force and it was decided by a meeting of members . In Article 29, paragraph 2 of Law - Law No. 25 of 1992 on cooperatives stated that the committee was meeting members of the power holders , as well as in article 30 of them also mentioned that 1 ) the board is responsible for managing the cooperative and its 2 ) authorized to represent the cooperative board in and out of court .With the provisions of Khilafat committee member meeting and the decision to manage the organization and cooperative effort . Duties and powers of the board are carried out activities as an executive agency and has its own identity . On that basis , the terms and understanding and cooperative management is a normative standard .d . Supervisory CooperationSupervisor on a cooperative organization is one of the co-operative organization , and therefore represent an institution / body structural organization of cooperatives . Members undertaking supervisor to supervise the implementation of the policy and management of the cooperative , the Board's decision and other regulations established and applied in a cooperative .The main function of the supervisor is to secure a decision meeting of members , the articles of association / cooperative bylaws , the Board's decision and other regulations that apply in the cooperative in question . Besides that, it also protects the interests of members and the cooperative of arbitrariness and irregularities committed by pegurus and or managers .Position as a watchdog agency with the task of control , authority and responsibility specifically indicate its own identity . Therefore, the term and the supervisory pngertian cooperative organization is raw and normative , which can be aligned with the commissioners on the limited liability company . Besides having the duties, authority and responsibilities , supervisors also have a legal obligation and therefore may be subject to legal sanctions as stipulated in the regulations where the law - laws . BASIS OF COOPERATION .
Overview About Cooperatives cooperative legal basis is Article 33 paragraph ( 1 ) of the Constitution of the Republic of Indonesia 1945 base ( 1945 N Constitution ) and the Law Number 25 Year 1992 on Cooperatives.Legal Basics Cooperative Indonesia :

    Law . 25 of 1992 on Cooperatives .
    Government Regulation no . 4 , 1994 on Terms and Procedures for Approval of Deed of Establishment and Amendment Cooperative .
    Government Regulation no . 17 of 1994 on Cooperative by Government Liquidation
    Government Regulation no . 9 of 1995 on the Implementation of Cooperative Savings and Loans
    Government Regulation no . 33 of 1998 on Capital Investment in Cooperatives .
    Decree of the State Minister of Cooperatives and No. PPK . 36/Kep/MII/1998 on Guidelines for Merger and Consolidation of Cooperatives
    Decree of the State Minister of Cooperatives and No. PKM . 19/KEP/Meneg/III/2000 about institutional guidelines and Cooperative Enterprises
    Ministerial Regulation No. . 01 of 2006 on Guidelines for Implementation of the Establishment , Approval and Amendment Deed Cooperative Association .
Cooperative foundations can be divided into three (3 ) terms , among others :

    Cooperative idiil foundation Indonesia is Pancasila .
    Structurally runway and runway motion Cooperative Indonesia is Article 33 paragraph ( 1 ) of the Constitution of the Republic of Indonesia in 1945 ( N 1945 Constitution ) .
    Cooperative Mental foundation of solidarity and consciousness is impersonal . Indonesia is the legal basis of Cooperative Act No. 25 of 1992 on Cooperatives . This law was passed in Jakarta on October 21, 1992 , signed by President Suharto , and was published in the State Gazette No. 116 of 1992 .
Cooperative Indonesia under Law no . 25 In 1992, a cooperative entity regarded by law as a company . Which are formed by its members to conduct business activities and support the economic interests of its members .Cooperative principles in the Law. 25 of 1992 on Cooperatives , as follows :

    Democratically run cooperative management
    Distribution of net income in accordance with the fair held services in members selling
    Cooperatives must be independent
    Remuneration provided is limited to the capital .
Based on Law no. 12 In 1967, the cooperative is a democratic organization is social , its members , including those in the economic system is a joint effort and berazazkan on kinship , therefore cooperatives in Indonesia are protected by legal entities that have been established.