Legal Examination of the Constitutional Court Number 28/PUU-XI/2013 Concerning the Case of Judicial Review of Law Number 17 of 2012 Concerning Cooperatives

Marsuni, Lauddin and Salle, Salle and Syarifuddin, Syarifuddin and Husen, La Ode (2020) Legal Examination of the Constitutional Court Number 28/PUU-XI/2013 Concerning the Case of Judicial Review of Law Number 17 of 2012 Concerning Cooperatives. Asian Social Science, 16 (5). p. 42. ISSN 1911-2017

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Abstract

This study aims to understand the legal review on Decision of the Constitutional Court No. 28/PUU-XI/2013 on the review of Law No. 17 of 2012 on Cooperatives against The 1945 Constitution. The benefits of this research are socialization and provide legal awareness about cooperatives activities in Indonesia. This research uses a normative approach that focuses on studying the legal and regulatory norms associated with the object of the problem. The technical analysis used in this study is the Hermeneutic and Interpretation analysis methods. The results of the study indicate that Phrase “natural person” in the cooperatives sense was based on Article 1 point 1 of Law No. 17 of 2012 is against Article 33 section (1) of The 1945 Constitution because that definition leads to individualism. Furthermore, although the Petitioner's petition is only regarding certain articles it contains substantial norm content, it will cause other articles in Law No. 17 of 2012 has no binding legal force. Therefore the Petitioner's petition must be declared in accordance with the law for all contents of Law No. 17 of 2012. As for the sake of legal certainty, Law No. 25 of 1992 valid for a while awaiting the establishment of a new Law.

Item Type: Article
Subjects: STM Library Press > Social Sciences and Humanities
Depositing User: Unnamed user with email support@stmlibrarypress.com
Date Deposited: 12 Jul 2023 12:31
Last Modified: 26 Jun 2024 07:33
URI: http://journal.scienceopenlibraries.com/id/eprint/1739

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