KONSEPSI BANGUN PERUSAHAAN KOPERASI: KERANGKA PEMIKIRAN BADAN USAHA YANG IDEAL MENURUT PASAL 33 AYAT (1) UUD 1945

Pulungan, M. Sofyan

Jurnal Hukum dan Pembangunan

Co-operative as company structure (bangun perusahaan) is a concept developed by the Founding Fathers, enshrined in Article 33.1 of the 1945 Constitution. This concept is further developed by renowned economists and lawyers as well. This Article explores the thoughts of Mohammad Hatta, Soepomo, economists and lawyers who have contributed to the development of the concept of co-operatives as company structure. Subsequently, it will offer a framework in which the constitutional stipulation of "a common endeavor based on familial principles" serves as the philosophical basis for the concept. Using Sri-Edi Swasono’s Idea of "Triple-Co" as yardstick, the concept of co-operatives as company structure ought to be the spirit of any legal regulation concerning business organization. Finally, this article recommends a legal political option that might be pursued by the Government to realize the ideals of our Founding Fathers concerning business organization as stipulated in Article 33.1 of the 1945 Constitution.