JAKARTA - The handling of the KSP Indosurya problem by law enforcers was considered wrong from the start. The handling of cooperatives should have been completed with a cooperative procedural first so that members would not be harmed.
The cooperative observer, Suroto, who is also the CEO of the INKUR Federation (the Parent of the People's Business Cooperative), assessed that there was a fundamental error in the handling of cooperative cooperative cases that were problematic, by not placing legal problems in cooperatives first.
"The government and the task force that handles it have made the cooperative problem even more cloudy by pushing for the resolution of the problem to court. The most important thing should be to sit down the cooperative legal case first. A member meeting and the government is tasked with overseeing that the Members Meeting run democratically and find the main problem," he told reporters, Wednesday, March 8.
If it is a problem with management, the management should be replaced and the problem is addressed. If the management commits a criminal act, then a criminal or civil law process will be carried out. However, Suroto emphasized that the cooperative must continue to run so that the members' money can return.
Settlement that is resolved in court through homologation, without placing legal cases and cooperative rules, is clearly wrong and tends to harm members.
Meanwhile, Member of Commission VI of the House of Representatives, Herman Khaeron, said that the Indosurya KSP case should be used as a momentum for the state to be more careful. Herman said homologation must be fulfilled.
"The results of homologation are a civil domain. If civil is not fulfilled, it will become a criminal element. Do not then homologate the opportunity to escape abroad or homologation is used to eliminate assets. Don't do that too," he said.
The same thing was emphasized by a legal expert from Trisakti University, Abdul Fickar Hadjar. He said that all parties should respect the homologation decision of the PKPU lawsuit of Indosurya customers. The administrators must also carry out the decision.
"If there is a PKPU decision, it must be carried out, there is agreement on how to solve it through homologation, all creditors will receive payments according to their portion," said Abdul Fickar on a separate occasion.
According to him, currently Indosurya is obliged to carry out the PKPU decision. So, it cannot be punished. "The payment will be regulated by the curator," said Abdul Fickar
Contacted separately, a criminal law observer from the Islamic University of Indonesia (UII), Mudzakir, argued, in terms of KSP Indosurya, whether the prosecutor should know what kind of fundraising from the community is.
"If the debt problem, which is related to bankruptcy, continues to emerge homologated and it is in a process, indeed homologation is part of civil law," he said.
According to him, from the beginning of the criminal case that then released Henry Surya, it should be explained what crime Henry Surya allegedly committed.
"If it is a criminal embezzlement, it means that the money can be proven to be used for business or for personal gain or something else that causes him to not be able to or fail to pay," he said.
However, he continued, if it has begun to be resolved based on the principles of civil law, bankruptcy and homologation, the judge will finally judge that it is part of civil law.
Member of Commission VI of the PKS Faction, Amin AK said, the status of homologation or PKPU should not be worried. Amin also said that this case could be a momentum to encourage the renewal of the Cooperative Law with the aim of improving governance, strengthening the function of coaching and affirmation policies in order to strengthen the Cooperative organization.
"Dalam setiap kesempatan bertemu dengan Menteri Koperasi Fraksi PKS selalu menanyakan kapan Kementerian Koperasi menyerahkan Draf RUU Koperasi yang baru agar segera bisa dibahas di DPR RI," jelasnya.
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