COOPERATIVE AND COLLECTIVE PARTNERSHIP BASED ON KINSHIP AS THE BASIC PRINCIPLE OF ECONOMIC DEMOCRACY IN INDONESIA
Elli Ruslina, Nia Kania Winayanti, Hesti Septianita, Dewi Rahmawati Gustini
a) Pasundan University
Jalan Lengkong Besar No 68, Bandung, West Java, Indonesia
*elli.ruslina[at]unpas.ac.id
b) Faculty of Law
Abstract
The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations to economic activities appreciation, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution "permanent position" of Article 33 of the 1945 Constitution which relies on the notion of "mutualim and brotherhood" and Article II of the Transitional Rules of the 1945 Constitution which are temporary. Regulations that are still valid based on transitional provisions in temporary positions should be replaced by Article 33 of the 1945 Constitution, because this article is a manifestation of Indonesian Economic Nationalism, which is the determination of independence to replace the colonial principle (individual principle) into the national principle. The retention of the individual principle is a legal reason and at the same time a legal source that is easily dictated by economic forces from outside based on individual principles. The aim of this paper is 1) to analyze how the understanding of cooperative principles (cooperation based on mutualism) is manifested as the legal basis on the thought of economic democracy, 2) To analyze how the implementation of Article 33 of the 1945 Constitution into Indonesian economic law tends to lead to free competition. The approach used is normative juridical and descriptive analysis type. The conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamental for economic democracy.
Keywords: Cooperative, Cooperation, Kinship, Democracy, Economy
Topic: Constitutional Law