This Is The Effort Of The Ministry Of Cooperatives And SMEs To Overcome The Legal Dispute Problem Of KUMKM Actors

Illustration of legal disputes (Photo; Antara)

JAKARTA - The Ministry of Cooperatives and SMEs (Kemenkop UKM) stated that cooperatives and MSMEs (KUMKM) must always prioritize good communication and mediation in overcoming legal issues or disputes.

Secretary of the Ministry of Cooperatives and SMEs Arif Rahman Hakim said that problems or disputes in the business world are things that cooperatives and MSMEs can avoid as much as possible.

This is because it is not uncommon for cases that happen to cooperatives and MSME actors to end up in court, which will drain time, energy and costs in their solution.

"Indeed, conventionally, dispute resolution in the business world is carried out through a litigation process," said Arif in a written statement, Friday, February 23.

As for the litigation process, the parties are placed in opposite positions with each other. The litigation itself is the final means (ultimum remidium) taken after the alternative resolution of other disputes has not yielded results.

Therefore, cooperatives and MSME actors need to know basic things in the law so that the problems they face can be solved effectively. The resolution of disputes or Dispute Resolution can be resolved through non-litigation.

Then, the settlement through non-litigation is that dispute resolutions are carried out using methods outside the court or using alternative dispute resolution institutions.

In Indonesia alone, there are two kinds of non-ligacy settlements, namely Arbitration and Alternative Dispute Settlement (UU AAPS).

"These two things can be chosen by MSMEs to resolve disputes through non-litigation channels," he said.

On the same occasion, the Head of the Legal and Cooperation Bureau of the Ministry of Cooperatives and SMEs, Hendra Saragih, said the government had opened legal assistance services to MSMEs.

This is in accordance with the mandate and provisions in Government Regulation (PP) Number 7 of 2021 concerning Ease, Protection and Empowerment of KUMKM in Article 48.

The regulation explains that every ministry/institution and local government (every service) is required to provide legal assistance and assistance services to MSME actors which includes legal distribution, legal consultation, mediation and the preparation of legal documents.

It's just that, he said, not all local governments have carried out the mandate. "For that, I also suggest to the local government to create a special complaint place for MSMEs so that MSMEs can get legal assistance services," he said.

Meanwhile, Chairman of the Chamber of Trustees of the Supreme Court, Takdir Rahmadi, said that all cases or civil disputes must first be resolved through mediation based on Supreme Court Regulation (Perma) Number 1 of 2016 except for cases mentioned in Article 4 paragraph 2.

"The regulation states that cases that must be mediated in court are commercial cases that are tried by commercial courts, PHI procedures, KPPU decisions to disputes that have been pursued through mediation but have not succeeded," he said.