REFORMASI HUKUM KEPAILITAN TERHADAP KOPERASI: PEMBATASAN PERMOHONAN PAILIT TERHADAP KOPERASI OLEH ANGGOTA

Abstract

Bankruptcy petitions by cooperative members have increased since the Covid-19 pandemic. This
phenomenon raises critics over the disregard for the principle of kinship and the urgency for the
government to establish a medium that has the authority to file bankruptcy petitions against cooperatives.
This research is structured with juridical-normative research methods along with conceptual approach.
This research aims to provide solutions for the government in answering the current issue regarding
cooperatives' bankruptcy petitions by its members. Cooperatives have become a place for society to save
money, even in practice cooperatives are often used as a place to invest. In this regard, cooperatives are
important entities to be maintained because their existence involves public interests. Thus, it is necessary
to attribute authority to the Ministry of Cooperatives and Small and Medium Enterprises to become the
medium in terms of filing bankruptcy petitions against cooperatives. The attribution should be contained
in the law on bankruptcy and postponement of debt repayment obligations as well as the law on
cooperatives which should be drafted in the future by the government together with the House of
Representatives so that there is a guarantee of fresh air in the cooperative sector in Indonesia.