Shandya

1506305117 Meet The Gung Aya

1506205009

Team

1
Dina Desy Martina Carissa
1506305033 1506305125 1506205018
ESTABLIS
HMENT OF
COOPERAT
IVES
 The
Establish
ment of
Cooperati
ves
 The platform of cooperatives

1. The Platform of Indonesian Cooperative is

Pancasila.
2. The Structural Platform and the groundwork of
the Indonesian Cooperative is Article 33 Paragraph (1)
of the 1945 Constitution of the Republic of Indonesia
(UUD Negeri RI 1945).
3. The Cooperative Mental Platform is loyal and
personal consciousness. The legal basis of Indonesian
Cooperatives is Legislation No. 25 of 1992 about
Cooperatives.
5
legal basis of the establishment of
Cooperatives

1. Article 33 paragraph (1) of

the 1945 Constitution of the
Republic of Indonesia (UUD
Negara RI 1945)

“The economy is to be structured as

a common endeavor based on
familial principles”

6
2. Legislation No. 25 of 1992 about
Cooperatives.

Legislation No. 17 of 2012 about

Cooperatives.

Legislation No. 25 of 1992 about

Cooperatives.

7
They argued that Legislation No. 17 of 2012 are…
‐ Encourages cooperatives to adopt a model modern
commercial that is against the gotong royong
principle.
‐ Revokes the independence of cooperatives by enabling
capital participation by non-members.
‐ The requirement that cooperative members must purchase
a cooperatives capital certificate is also not in accordance
with the voluntary and open principle of cooperatives. This
means that the orientation of cooperatives has shifted
primarily towards a joint venture scheme
‐ In conclusion, the Constitutional Court took the view that
the 2012 Cooperatives’ Legislation encourages
cooperatives to blend in with limited liability
companies.

8
 3. Government Regulation No. 4 of 1994 about
Requirements and Procedures of Ratification of
Establishment Deed and Alteration of Basic
Budget of Cooperatives.
Cooperatives need to be given the status of legal entity
in order to perform its functions and roles effectively. To
obtain the status of a legal entity the cooperative must
obtain a deed of establishment that has been approved
by the government. The alteration of basic budget of
cooperatives also need government ratification and
need to be announce in local mass media.

9
 4. Government Regulation No. 17 of
1994 about the Dispersal of
Cooperatives by the Government
The dispersal of cooperatives is done if the
cooperative activities are perceived as
harmful or inhibit cooperative system such
as does not run in accordance with the law.
Dispersal of cooperatives can only be done
by government with considerations.

10
 5. Government Regulation No. 9 of
1995 about the Implementation of
Savings and Loans by Cooperatives
It contains provisions that aimed the saving
and loan activities undertaken by
cooperatives are developing and run clearly,
independently, regularly.

11
6. Government Regulation No. 33 of
1998 about Equity Participation in
Cooperatives.
Regulates the principles of capital, the
source of capital, rights and obligations,
management and supervision, and the
transfer of capital.

12
7. Decree of the State Minister of Cooperatives and PPK no. 36 / Kep / MII /
1998 about Guidelines for the Merger and Consolidation of Cooperatives
‐ (Surat Keputusan Menteri Negara Koperasi dan PPK No.
36/Kep/MII/1998 tentang Pedoman Pelaksanaan Penggabungan dan
Peleburan Koperasi)
8. Decree of State Minister of Cooperatives and PKM No. 19 / KEP / Meneg /
III / 2000 about Institutional Guidance and Cooperative Enterprises
‐ (Surat Keputusan Menteri Negara Koperasi dan PKM No.
19/KEP/Meneg/III/2000 tentang Pedoman kelembagaan dan Usaha
Koperasi)
9. Ministerial Regulation No. 01 of 2006 about the Guidelines for the
Establishment, Ratification of Establishment Deed and Alteration of Basic
Budget of Cooperatives
‐ (Peraturan Menteri No. 01 tahun 2006 tentang Petunjuk Pelaksanaan
Pembentukan, Pengesahan Akta Pendirian dan Perubahan Anggaran
Dasar Koperasi.)

13
requirements
and the ways
of
establishing
cooperative
 Decree of State
Minister of
Cooperatives and
SMEs of the
Republic of
Indonesia No.
01/Per/M.KUKM/I/
2006
1. Primary cooperatives are established by at least twenty persons
with similar economic activities and interests

2. Secondary cooperatives are formed by at least three cooperative

legal entities

3. The founder of the primary cooperative as referred to in point a is an

Indonesian citizen, is legally competent and capable of committing
legal acts;

4. The founder of a secondary cooperative is a primary cooperative

who is authorized by each of the primary cooperatives to attend the
meeting of the formation of a secondary cooperative

16
5. The business to be carried out by cooperatives should be
economically feasible, efficiently managed and capable of providing
tangible economic benefits to members;

6. Cooperative's own capital must be sufficiently available to support

the business activities to be carried out by the cooperative;

7. Cooperatives must have skilled workers and able to manage

cooperatives itself.

17
 A. Stages of
Preparation for
Establishment of
Cooperatives

18
1. Prepare and submit invitations to prospective
members, government officials and cooperative
officials.

2. Prepare for a meeting

3. Prepare the venue

4. Other things relating to the formation of

cooperatives.
21
cooperativ
e
formation
meeting
 meeting should be
attended by 20
candidates as a legal
requirement of
cooperative formation
meeting

In addition, village
officials and officials of
the Office of
Cooperatives and SMEs
can be invited to help
and provide necessary
23
information.
What is
disscused?
1. Establishment and
legalization of deed
of establishment of
cooperative, namely
letter concerning
establishment of
cooperative
containing:
statement
24
from
founding author and
What is
disscused?
2. Making Articles of
association of
cooperatives,
namely the creation
of written rules that
contain the basic
rules of cooperative
life compiled and
agreed
25
by the
founders of the
The Articles of Association
usually state:

a. The name and place of

the cooperative and the
location or working
area of the cooperative.
b. The foundations, basis
and principles of
cooperatives. In the
Articles of Association
are26 set forth the
 The Articles of Association usu
state:

c. Purpose and objectives, namely mission

statement, vision and target formation of
cooperatives.
d. Business activities, is
a statement of the type
of cooperative and
business to be
implemented by the
cooperatives. The basis
for determining the type
27
of cooperative is the
The Articles of Association
usually state:

e. Membership, namely the rules

concerning membership affairs
of the cooperative. The affairs
of this membership may be
determined in accordance with
the business activities of the
cooperative. Usually the
membership provisions discuss
the terms and procedures of
being a member of 28 the
 The Articles of Association usually
The obligations of each state:
member of the cooperative
e. Membership
as stated in the provisions
of Article 20 paragraph (1)
of Legislation No. 25 of
1992, can be summarized While the right of each
as follows: member of the cooperative
a. Comply with the Articles of as stated in article 20
Association of the paragraph (2) of
Cooperative.
Legislation No.25 of 1992,
b. Comply with the
Cooperative Bylaws. can be concluded as
c. Comply with the outcome follows:
of the decisions of the a. Attend in the Member
Cooperative Members Meeting
Meeting. b. State opinion in the
d. Participate in cooperative 29 Member Meeting
The Articles of Association usually
state:

f. Cooperative organization
Based on Legislation No. 25 of
1992 article 21, the
cooperative organization
consists of Member’s meeting,
administrators, and
supervisors.
Member meeting Board Supervisor Advisor/Advisory Body

30
The Articles of Association
usually state:

g. Provisions
concerning capital of
cooperative
enterprises, namely
the discussion of the
type of capital owned
(own capital and loan
capital), the
31
provisions on the
 The Articles of Association us
state:
According to Legislation No. 25 of 1992, capital
owned by cooperative consist of:

1. Own capital (equity capital) sourced

from:
• principal members' savings
• mandatory savings
• reserve fund
• donations / grants.
2. Capital loan (debt capital) sourced from:
• other cooperatives
• banks or other financial institutions
• the issuance of bonds
• other legitimate 32
sources.
 The Articles of Association
usually state:

h. Provisions concerning the distribution of

reminder of the profit earned (SHU),
namely the provision that discusses the
•The definition of SHU under
explanation of SHU and the allocation of
Legislation No. 25/1992
cooperative reminder of the profit earned
concerning cooperatives,
obtained.
Chapter IX, article 45 is:
ROPE are cooperative
revenues earned within one
year of book deducted by
fees,33depreciation, and other
liabilities including taxes in
 The Articles of Association
usually state:

i. Dissolution and settlement, discussing

the procedure of dissolution of
cooperatives and solving cooperative
Dissolution of cooperatives can be caused by factors
problems after dissolution.
from within the cooperative or by problems that
come from outside the cooperative. Based on
Chapter X Legislation no. 25/1992: "The dissolution
of the cooperative can be done for two reasons:
a. Because the members of the cooperative want the
dissolution of the cooperative, and
b. Cooperatives are dissolved by government
decisions The government
34
may issue decisions on
the dissolution of cooperatives if: · There is strong
The Articles of Association
usually state:

j. Sanctions are provisions

concerning sanctions
granted to members,
administrators and
supervisors of
cooperatives, due to
violations of the article
of 35association or other
Legalization of
COOPERATIVE
 STEP TO LEGALIZE
THE COOPERATIVE
1. Article of Association of 7. Initial plan of cooperative
Cooperatives signed by business activities.
the dual committee 8. Initial balance sheet and
minimum capital deposit.
2. Information about the
meeting 9. Especially for Cooperatives
of Saving and Loan/Unit of
3. Letter of invitation Saving and Loan with
meeting attachment letter of proof of
deposit data form.
4. Register of present in
meeting of 10. Filling in the cooperative
data form.
establishment of
cooperatives. 11. A letter from the village
known to the sub-district
5. Address list of co- head.
founders. 12. Pay the registration fee of
6. List of board the legalization of the deed
37 of establishment of
composition, with photo
cooperative
copy of ID card
 STEP TO LEGALIZE
THE LEGAL ENTITY
13. The proof have to be
receipt.
14. Cooperative officials,
namely the Head of
Cooperative and SME
(Small and Medium
Enterprises)
15. Official at latest 3 (three)
months from the date
receipt of the legalization
request entity of the
cooperative concerned
must provided the
approval answer
38
16. The deed of incorporation
shall be listed by the
order number in the
General Register Book.
17. The date of registration
Articles of Establishment
shall be valid as the date
of the establishment of a
cooperative having a legal
entity
18. General Register Book and
Copy Certificates /
passage bylaws (ART) /
articles of association
(AD) Cooperative can be
obtained by cooperative
management by replacing
photocopy fee
 STEP TO LEGALIZE
THE LEGAL ENTITY
19. The deed of establishment is rejected, the
reasons for the refusal shall be notified by
the official to the founders
20. Against the denial of the ratification of the
founding deeds of the founders may file a
re-request
21. The decision to file a re-request shall be
granted within a period of no more than 1
(one) month after the receipt of the re-
request.

39
 Levels of Cooperatives and
Cooperative Work Space
“Mentioned that cooperatives can be
Article 15 of Law
no. 12 of 1992
in the form of primary cooperatives
or secondary cooperatives”.

Secondary Cooperatives Primary Cooperatives

“covers all cooperatives
established by and
comprised of primary
cooperatives and / or
secondary cooperatives. ”
40
“are cooperatives consisting
of people with a minimum
number of members of 20
persons, who have the same
activities, interests,
objectives, and economic
needs”.
Levels of Cooperatives and Cooperative
Work Space

Secondary Cooperatives
“covers all cooperatives established by and comprised of
primary cooperatives and / or secondary cooperatives. ”

Level of Secondary Cooperative :

• cooperative center - is a cooperative consisting of at least
5 primary cooperatives
• a combination of cooperatives - is a cooperative whose
members are at least 3 central cooperatives
• cooperative parent - is a cooperative whose members are
at least 3 joint cooperatives
41
Levels of Cooperatives and Cooperative
Work Space
Primary Cooperatives
“are cooperatives consisting of people with a
minimum number of members of 20 persons, who
have the same activities, interests, objectives, and
economic needs”.
Primary cooperative can be formed by at least 20 people each of
which fulfills the following requirements :
1. Able to take legal action, meaning that the cooperative is mature
How to form a and sensible
primary 2. Accepting the basic foundation, basic principle, and cooperative
cooperative? joint
3. Able and willing to fulfill the obligations and rights of members, as
regulated in Act No. 25 of 1992, Articles of Association and Bylaws, as
well as other cooperative regulations.
42
 Levels of Cooperatives and Cooperative
Work Space

“the voting rights in secondary cooperatives can

Article 24,
be arranged in the articles of association by
paragraph 4 of Law
considering the number of members and business
no. 25 of 1992
services member cooperatives in a balanced
manner”.

43
 Structure of Cooperative
organization
‐ Structure of cooperatives
organization require the
implementation of cooperative
management including the relevant
organizational structure chart, the
tools and functions of cooperative
organizations.
44
The basis for the creation of an
organizational structure of
cooperatives are:
1. Constitution of the Republic of
Indonesia Number 25 Year
1992 concerning Cooperatives.
2. Funds Budget and Household
budget of Cooperatives.
3. Decision of the meeting.
 Internal structure of cooperative
organization Member meeting
forum is a media for
In charge of running, Members Meeting input (proposal,
managing, and leading suggestions,
the cooperative opinions, etc).
organizations

Advisors The Boards Supervisors

Giving consideration and Inspecting the living order of

advice for the benefit and cooperatives, business
progress of the
cooperative
Managers organizations, and
implementation of
Daily executor of management policies.
cooperative activities

Member Member Member

 The Cooperative Organizational Levels

Let’s
National start with the first set of Parent
slides
Level
Cooperation

Regional
Level Joint Joint Joint
Cooperation Cooperation Cooperation

Regency
Level Central Central Central
Cooperation Cooperation Cooperation

Subdistri
Primary Primary Primary Primary Primary
ct Level
Cooperation Cooperation Cooperation Cooperation Cooperation
Thank you
sis and bro

47