KEPASTIAN HUKUM PEMBIAYAAN KOPERASI DESA MERAH PUTIH: Analisis Kelembagaan Antara Prinsip Kemandirian Koperasi dan Intervensi Negara

Adnan Hasanudin, . (2025) KEPASTIAN HUKUM PEMBIAYAAN KOPERASI DESA MERAH PUTIH: Analisis Kelembagaan Antara Prinsip Kemandirian Koperasi dan Intervensi Negara. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Thesis entitled Legal Certainty of Financing of Red and White Village Cooperatives: Institutional Analysis and Norm Conflict between the Principle of Cooperative Independence and State Intervention This study aims to determine whether the combination of the state's role as an initiator, financier, and operational director of cooperatives, as seen in the KDMP design, has the potential to blur the boundaries between public and private legal entities. The absence of explicit regulations regarding financing of village cooperatives in the Cooperative Law does indeed create legal uncertainty, especially regarding sources of funds, distribution mechanisms, and accountability. This is because the Cooperative Law does not regulate financing details at the village level in detail, thus potentially giving rise to various different interpretations and practices. Uncertainty of Funding Sources: The Cooperative Law does not specifically regulate the sources of funds that can be accessed by village cooperatives. This causes confusion as to whether village cooperatives may only rely on capital from members, or can access other sources of financing such as loans from financial institutions, government grants, or other external sources. Without clear regulations, village cooperatives may have difficulty developing their businesses due to limited capital. Uncertainty of Distribution Mechanism: The Cooperative Law also does not regulate in detail the mechanism for distributing funds to members. This fundamental difference raises the potential for conflicting legal norms, especially regarding the principles of statutory regulations. On the one hand, Law No. 25/1992 guarantees the principle of cooperative independence, namely that cooperatives are formed by and for members, with the spirit of self-help and self-governance. On the other hand, direct state intervention through Presidential Instructions or fiscal instruments, and without clear regulations in the parent cooperative law, can be considered to violate the principle of lex superior derogat legi inferiori (regulations under the law must not conflict with the law), and the principle of legality in the formation of legal entities and the use of public funds. This thesis can be an important contribution to testing whether the KDMP design is normatively in line with or deviates from the applicable cooperative legal principles.

Item Type:	Thesis (Tesis)
Additional Information:	[No. Panggil : 2310622055] [Pembimbing 1 : Atik Winarti} [Pembimbing 2 : Aurora Jilena Meliala} [Penguji 1 : Iwan Erar Joesoef} {Penguji 2 : Diani Sadiawati}
Uncontrolled Keywords:	Financing of the Red and White Village Cooperative, Conflict of Norms
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S2)
Depositing User:	ADNAN HASANUDIN
Date Deposited:	30 Aug 2025 05:10
Last Modified:	01 Sep 2025 02:02
URI:	http://repository.upnvj.ac.id/id/eprint/40024

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