TINJAUAN HUKUM PUTUSAN PAILIT PADA KOPERASI INTIDANA

Studi Kasus Putusan Mahkamah Agung No. 874 K/Pdt.Sus-Pailit/2022

Abstrak

The purpose of this study was to examine the legal consequences that arose for the Intidana cooperative in the decision No. 874 K/Pdt.Sus-Bankrupt/2022 and the legal consequences of the bankruptcy decision for the Intidana cooperative in terms of the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives. Cooperatives are a form of business entity that plays a role in the development of the Indonesian economy. The principle of kinship in cooperatives has the understanding that the establishment of cooperatives is not solely materialistic and individualistic but also has the awareness to do the best in cooperative activities, however, in reality not all cooperatives that stand are subject to the principle of kinship because when cooperatives are in a state of loss, there is a tendency for cooperative members to bring the cooperative's problems to court. Types of normative juridical research. The nature of descriptive research. Data collection techniques using library research. The data analysis technique uses descriptive qualitative analysis. The results of the study show that the legal consequences that arose against the Intidana cooperative in decision No. 874 K/Pdt.Sus-Bankrupt/2022 that the Supreme Court declared the Intidana Savings and Loans Cooperative Bankrupt with all its legal consequences. The legal consequences of the bankruptcy decision for the Intidana cooperative are not contradictory when viewed from the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives because the bankruptcy decision is in accordance with Article 43 part c of Government Regulation of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives that cooperatives are declared bankrupt based on a court decision that has permanent legal force and does not conflict with the Supreme Court Circular Letter (SEMA) No. 1 of 2022 that requests for bankruptcy statements can only be submitted by the Ministry of Cooperatives and SMEs to court.
Keywords: legal review, cooperative, bankruptcy