KH friends must be familiar and often find cooperatives in everyday life, right? Apart from being an organization, cooperatives are also one of the business entities in the form of legal entities. But different from other business entities, cooperatives have their own characteristics, which are run jointly with the principle of kinship, special values and principles, such as open membership, and run with the aim of providing benefits for all members. In this article, Kontrak Hukum will provide an explanation of what a cooperative is, why cooperatives are different from other business entities, the types of cooperatives that exist in Indonesia, and how to establish them. For those of you who want to know more about cooperatives or even plan to establish a cooperative, read the following article until the end!
What is a cooperative?
According to Law No. 17/2012 on Cooperatives, a cooperative is a legal entity established by individuals or cooperative legal entities, by separating the wealth of its members as capital to run a business, which fulfills common aspirations and needs in the economic, social, and cultural fields in accordance with the values and principles of Cooperatives.
Why are cooperatives different from other business entities?
In addition to adhering to the principle of kinship, what distinguishes cooperatives from other business entities is that cooperatives must implement special principles in carrying out their business activities. The principles in question include:
- Membership is voluntary and open.
- Supervision by members is organized democratically.
- Members can actively participate in cooperative economic activities (participate in running business activities).
- Cooperatives are autonomous, independent self-help enterprises.
- Cooperatives organize education and training for their members, supervisors, administrators, and employees, and provide information to the public about the identity, activities, and benefits of cooperatives.
- Cooperatives serve their members excellently and strengthen the cooperative movement, by working together through a network of activities at the local, national, regional, and international levels.
- Cooperatives work for the sustainable development of their environment and communities through policies agreed upon by members.
Who can establish a Cooperative?
Article 86 number 1 of the Job Creation Law states that the establishment of a cooperative can be done by an individual or a cooperative legal entity. If a cooperative is formed by individuals, this cooperative is called a primary cooperative. For information, a primary cooperative must be formed by at least nine people. If the cooperative is established by a legal entity, then this cooperative is a secondary cooperative which must be formed by at least three cooperative legal entities.
How many types of cooperatives are there in Indonesia?
Savings and Loan Cooperative
A savings and loan cooperative is a cooperative that runs a savings and loan business as its only business. In running its business, the savings and loan cooperative will manage the savings of its members from member principal savings, mandatory savings, and voluntary savings to grants obtained. When there is a need, the savings and loan cooperative will provide a loan or credit and the borrowing member must return the loan along with the service or interest from the loan.
Producer Cooperative
Producer cooperatives are cooperatives that run service businesses in the field of procurement of production facilities and marketing of production produced by members to members and the community. This type of cooperative usually runs business activities by processing raw materials into finished or ready-to-use goods. The finished goods will then be traded to members and the community.
Consumer Cooperative
It is a cooperative that runs a service business in the field of providing goods for members and the community. Consumer cooperatives conduct business activities by selling daily necessities for cooperative members or the community. In some cooperatives of this type, the sale and purchase of goods can be done on credit or in installments for cooperative members.
Cooperative Services
It is a cooperative that runs a service business needed by members and the community. These cooperatives usually run business activities by providing a service or activity that has economic value, such as providing transportation, communication, and even housing services.
How to set up a cooperative?
To establish a cooperative, Friend KH must first hold a cooperative establishment meeting. The establishment meeting is held to discuss the draft articles of association. In addition to the founders, the meeting can also be attended by a notary. The notary is in charge of recording the main points of discussion in the establishment meeting to be formulated in the deed of establishment. The deed of establishment of the cooperative that has been completed by the notary can be submitted to the minister for ratification. The application is submitted in writing by the founders jointly or through their proxies. If the application is accepted, the cooperative will receive a decision to legalize the cooperative’s deed of establishment as well as legalization as a legal entity. After the Job Creation Law, cooperatives will now obtain legal entity status on the date the decree is issued. After obtaining ratification, the cooperative must also apply for a business license and operational license in accordance with the field and business activities carried out by the cooperative. Now KH Friend, that’s an explanation of what a cooperative is, why cooperatives are different from other business entities, types of cooperatives in Indonesia, and how to establish them. For KH Pals who want to establish a cooperative in Jakarta and need help to take care of the establishment license, KH Pals can also use legal services from Kontrak Hukum. Furthermore, KH pals can visit the page https://kontrakhukum.com/pendirian-badan/ or contact Kontrak Hukum at the following link Tanya KH.
