Cooperatives based on the values of dignified justice in Indonesia and comparison with USA, Sweden, South Korea and India

The Constitutional Court Decision No. 28/PUU-XI/2013 annulled Act No. 17 of 2012 on Cooperatives for contradicting the 1945 Constitution and reinstated Act No. 25 of 1992. This study compares the cooperative legal frameworks of Indonesia, the United States, Sweden, South Korea, and India to analyze their legal foundations, identify regulatory weaknesses, and propose reforms based on the Dignified Justice framework. Using a normative juridical method with qualitative analysis of laws and court rulings, this research is grounded in Hatta’s cooperative philosophy and Prasetyo’s theory of Dignified Justice as the grand theory, Sukardi’s framework as the middle-range theory, and Indonesia’s cooperative regulations as the applied theory. The findings indicate that cooperative laws across the five countries reflect principles of justice, solidarity, and social responsibility. Applying Dignified Justice highlights how legal definitions, governance structures, and enforcement mechanisms uphold or undermine member dignity and legal certainty. In Indonesia, Act No. 25 of 1992 still contains legal gaps in definitions, membership, capital, and sanctions, leading to uncertainty and institutional stagnation. Therefore, cooperative law reform grounded in Dignified Justice is essential to align with constitutional and Pancasila values, ensuring a more inclusive and dignified national development.

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Publication Details

Journal
Cogent Social Sciences
Published
2025-10-31
DOI
https://doi.org/10.1080/23311886.2025.2573153
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Cooperatives based on the values of dignified justice in Indonesia and comparison with USA, Sweden, South Korea and India

Fatin Hamamah, Abdul Karim, Didi Sukardi
Cogent Social Sciences
Legal and Policy Analysis in Indonesia
article

Cooperatives based on the values of dignified justice in Indonesia and comparison with USA, Sweden, South Korea and India

Fatin Hamamah, Abdul Karim, Didi Sukardi
article en

Abstract

The Constitutional Court Decision No. 28/PUU-XI/2013 annulled Act No. 17 of 2012 on Cooperatives for contradicting the 1945 Constitution and reinstated Act No. 25 of 1992. This study compares the cooperative legal frameworks of Indonesia, the United States, Sweden, South Korea, and India to analyze their legal foundations, identify regulatory weaknesses, and propose reforms based on the Dignified Justice framework. Using a normative juridical method with qualitative analysis of laws and court rulings, this research is grounded in Hatta’s cooperative philosophy and Prasetyo’s theory of Dignified Justice as the grand theory, Sukardi’s framework as the middle-range theory, and Indonesia’s cooperative regulations as the applied theory. The findings indicate that cooperative laws across the five countries reflect principles of justice, solidarity, and social responsibility. Applying Dignified Justice highlights how legal definitions, governance structures, and enforcement mechanisms uphold or undermine member dignity and legal certainty. In Indonesia, Act No. 25 of 1992 still contains legal gaps in definitions, membership, capital, and sanctions, leading to uncertainty and institutional stagnation. Therefore, cooperative law reform grounded in Dignified Justice is essential to align with constitutional and Pancasila values, ensuring a more inclusive and dignified national development.

Cogent Social SciencesVol. 11(1)
Universitas 17 Agustus 1945 Cirebon (ID), Universitas Muhammadiyah Cirebon (ID), Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 52%
Legal and Policy Analysis in Indonesia
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