Perlindungan Hukum terhadap Anggota Koperasi atas Gagal Bayar Koperasi (Studi Putusan Koperasi Simpan Pinjam Sejahtera Bersama No: 238/PDT.SUS/PKPU/2020/PN.NIAGA.JKT.PST)

Abstract

A Savings and Loan Cooperative (KSP) is a type of cooperative that acts as an intermediary, collecting funds from the public and redistributing them in the form of loans. KSPs are regulated by Law No. 25 of 1992 on Cooperatives, Government Regulation No. 9 of 1992 on the Implementation of Savings and Loan Activities by Cooperatives, and other related regulations. In practice, various challenges have been identified, both from regulatory and supervisory perspectives, leading to frequent loan defaults by KSPs, which result in losses for cooperative members. This study focuses on the legal protection provided to cooperative members who experience loan defaults by KSPs. The objectives of this study are to analyze (1) the legal aspects of KSP in Indonesia, (2) legal certainty regarding the responsibility of cooperatives for the deposits of cooperative members who default on payments, and (3) the legal consequences of default in the case of KSP Sejahtera Bersama. This research uses descriptive normative legal research with legislation and case studies. The data sources consist of primary, secondary, and non-legal materials, which are analyzed qualitatively. The results of the study show that legal protection provided to cooperative members who experience default is not specifically regulated in legislation. However, there are several legal protections provided to cooperative members who are harmed as a result of default by the cooperative, namely preventive legal protection carried out through supervision of KSP activities by cooperative members through member meetings, as well as repressive measures such as filing lawsuits in court. The final option available to cooperative members if the cooperative is no longer able to return all members' deposits is to file for bankruptcy against the KSP. It is recommended that the government tighten supervision and licensing of KSP businesses, and in this regard, the government can collaborate with KSPs to educate the public on selecting products and services within KSPs.