Authority of Police Investigators in Criminal Acts by Cooperative

Management

Parulian Samosir and Ediwarman

Program Doktor Ilmu Hukum, Universitas Sumatera Utara (USU-Medan), Medan, Sumatera Utara, Indonesia

Keywords: Authority of Investigators, Police, Criminal Acts, Cooperative Management.

Abstract: Article 1 Number (1) of Law Number 17 Year 2012 concerning Cooperatives, cooperatives are legal entities

established by individuals or cooperative legal entities, with the separation of the members' assets as capital

to run a business, which fulfills aspirations and joint needs in the field of economic, social and cultural

according to the values and principles of cooperatives. This type of research is analytic descriptive legal

research. Data sources were secondary data consisting of primary, secondary and tertiary legal materials.

Normative legal methods refer to legal norms in various laws and regulations. Data collection was carried

out through a research literature study, which is collecting data on documents, literature and a study of

relevant statutory provisions. Qualitative data analysis was then used through a comparative legal approach

which was oriented towards the legal theory approach as a basis for thinking. In this study shows that the

investigation carried out by the police is regulated in Article 1 Paragraph (13) of Law Number 2 of 2002

concerning the Indonesian National Police, the investigation was a series of investigative actions in terms of

and according to the way stipulated in the law to search for and gather evidence to find the suspect. Acts

that result in a criminal offense by the management of a cooperative, can be investigated to find out the

possibility of the actions of the cooperative's management in violation of the articles contained in the

Criminal Code and other regulations.

1 INTRODUCTION

Article 1 Number (1) of Law Number 17 Year 2012

concerning Cooperatives, cooperatives are legal

entities established by individuals or cooperative

legal entities, with the separation of the members'

assets as capital to run a business, which fulfills

aspirations and joint needs in the field of economic,

social, and cultural according to the values and

principles of cooperatives [1].

From this definition, can be found elements of

cooperatives such as the following (R. T. Sutantya

Rahardja Hadhikusuma, 2001): Cooperatives are not

an organization of capital associations (capital

accumulation), but associations of people who are

socially based, work together and responsible; The

membership of the cooperative does not recognize

any coercion and by anyone, is voluntary, neutral

towards religion ,ism and religion; The cooperative

aims to improve the welfare of members by working

together as a family.

The purpose of establishing cooperatives is to

advance the welfare of members in particular and

society in general and to participate in building the

national economic order in order to realize a

developed, just, and prosperous society based on

Pancasila and the 1945 Constitution. Basically

cooperative activities are businesses that are oriented

to increasing business and the welfare of its

members and if there is an excess of cooperative

services, it can be allocated to meet the needs of the

community who are not registered as cooperative

members. The cooperative business sector covers

various fields of people's economic life. In addition,

in business activities cooperatives can raise funds

and channel them through savings and loan business

activities, both for internal members and other

cooperatives. Savings and loan business activities

can be carried out as one or the only Cooperative

business activities. If cooperatives are not able to

carry out various business activities, cooperatives

can only hold one business sector, namely savings

and loan business activities (Ahmad Sulaiman,

2011).

In daily practice there are several parties who can

put forward ideas to establish cooperatives, namely

Samosir, P. and Ediwarman, .

Authority of Police Investigators in Criminal Acts by Cooperative Management.

DOI: 10.5220/0010294400003051

In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 35-41

ISBN: 978-989-758-501-2

those who are primarily interested in the existence of

cooperatives. These include: first and foremost are

members of the cooperative. Among the prospective

members of the cooperative there are two

possibilities, that among them there are relatively

easily identified such as farmers, ranchers and

others. Conversely there are also those that are

difficult to identify as members of the Village Unit

Cooperative. Among its members it might be a

farmer, but maybe a farm laborer, even a handyman

and so on (Sudarsono, Edilius, 2019).

In addition, the government has put an interest in

cooperatives and has taken the initiative to establish

cooperatives (hereinafter referred to as cooperative

initiators). This is certainly not too difficult to

understand, because the government is carrying out

a mission to advance cooperatives, in accordance

with the desires of the State Policy on the basis of

the 1945 Constitution (building cooperatives so that

they have the ability to be used as a means of

democratizing the national economy) (Sudarsono,

2019).

Often government officials encourage the

community to cooperate. In addition, cooperative

organizations and employees can also take an active

role as pioneers in the formation of new

cooperatives. In addition, religious organizations and

other social institutions, such as schools and colleges

as well as private companies and State-Owned

Enterprises (SOEs) can even start and advance

cooperatives in their respective environments

(Sudarsono, 2019).

Basically, cooperatives can be initiated by

anyone as long as they have the ability to take the

initiative in establishing cooperatives. An important

issue is that cooperatives established must be based

on needs and can provide services to members and

the surrounding community. In practice, if the

formation of cooperatives does not go through

consideration, it can be guessed that the survival of

cooperatives will not last(Sudarsono, 2019).

If the initiative to establish a cooperative is

somewhere, then in the initial stages it will be

difficult to determine the type of cooperative that

will be established based on the character of the

community in the environment. Well-planned action

steps so that in the future the success of a

cooperative really provides great benefits for its

members is needed. Thus automatically the survival

of the cooperative concerned will be guaranteed

(Sudarsono, 2019).

If the cooperative that first grew was a

spontaneous movement, then people began to ask,

what is a cooperative? And people began to give

contents and definitions to the cooperative. Various

definitions have been given to cooperatives and if

we examine further, it appears that the definitions

are developing, in line with the times. Early

definitions generally emphasize that cooperatives are

a forum for economically weak groups. The

definition given by Dr. Fay (1908), states that

cooperatives are an association with the aim of joint

efforts consisting of those who are weak and strived

always in the spirit of not thinking of themselves in

such a way (so that each is able to carry out their

obligations as members and receive compensation in

proportion to their use of organization) (Hendrojogi,

2015).

Indeed, the purpose of cooperatives is to provide

services to members and not to make a profit, but it

needs to be considered and watched out for in its

implementation. Selling goods on a cost basis (at

cost basis) will encourage members to buy a lot of

goods from cooperatives at a "cooperative price" and

then sell them outside the cooperative at market

prices, besides that the cooperative itself needs to get

a surplus from its business that can be used for

capital fertilization (Hendrojogi, 2015).

Cooperative business is a business that is directly

related to the interests of members to improve the

business and welfare of members. The excess ability

of Cooperative services can be used to meet the

needs of people who are not members of the

cooperative. The field of cooperative business is

everything related to the economic life of the people

(Ahmad Sulaiman, 2011).

One type of cooperative according to its business

activities is a Savings and Loan Cooperative, a

cooperative that runs a savings and loan business as

the only business. The activities of Savings and

Loans Cooperatives according to Article 89 of Law

Number 17 Year 2012 concerning Cooperatives

include activities [1]: raising funds from Members,

providing Loans to Members; and placing funds in

its secondary savings and loan cooperative

One of the serial crimes that appear in a

cooperative is a criminal offense that is contained in

Article 378 of the Criminal Code (KUHP), which is

anyone with the intention to benefit oneself or

another person unlawfully, using a false name or

false dignity , by deception, or a series of lies,

persuading others to hand over things to him, or to

give debts or write off receivables, are threatened

with fraud with a maximum jail sentence of four

years.

In connection with the existence of such a

criminal offense the Police carried out a series of

procedures in revealing cases through investigations

CESIT 2020 - International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies

as carrying out the duties, functions and authority of

the police as law enforcement officers (regulated in

Law Number 2 of 2002 concerning the Indonesian

National Police) [3]. The role of information

technology (Min-Seok Pang, Paul A. Pavlou, 2019)

can assist in the police investigation process and

assist evidence evidence (Petter Gottschalk, Geoff

Dean, 2010). Various studies have been carried out

relating to the Authority of Police Investigators [11-

15] and Criminal Acts Conducted by Cooperative

Administrators [16-18]. With the existence of the

criminal acts in cooperatives, they can carry out

policies such as reporting to the police (Masaki

Iwasaki, 2020).

2 METHOD

This research is part of a descriptive analytic law

based on secondary data consisting of primary,

secondary, and tertiary legal materials conducted in

the North Sumatra region in criminal acts committed

by cooperative management. Normative legal

methods refer to legal norms in various laws and

regulations (S. Soekanto and S. Mamuji, 2005). Data

collection is carried out through research library

research, namely document data, literature and

related statutory study studies. Qualitative data

analysis will then be used through a comparative

legal approach oriented to the legal theory approach

as a basis for thinking. Comparative approaches are

used by comparing legal systems with each other,

which have more or less similarities, so that

similarities and differences between system laws are

found. The statutory data used in this study is given

in Table 1. Tables 2-5 are cooperative data reports in

the past five years. Data is dynamic / at any time

changes according to an update from the Provincial /

Regency / City Office in charge of Cooperatives and

SMEs NIK: Cooperative Master Number. NIK

Certificate: Cooperative is institutionally and

business active (at least it has implemented RAT in

the last 3 years). The Database of the Ministry of

Cooperatives and SMEs is processed from the

Cooperative Online Data System (ODS) as of

December 31, 2019 at 23:59 WIB.

Table 1: shows the norms / laws / regulations related to

cooperatives.

NO. norms / laws /

regulations

Informations

1. UU NO. 17 TAHUN

2012

ABOUT

COOPERATION

2. UU NO. 10 TAHUN

1998 JO. UU NO. 7

TAHUN 1992

ABOUT BANKING

3. Criminal Procedure

Code and Criminal

Procedure Code

Table 2: Cooperative Data Report as of December 31,

2019 throughout Indonesia [19].

No. Province Coo

erative

Aktive

(Unit)

Certificate NIK

(Unit)

1. Aceh 4.115 447

2. Sumatera Utara 4.199 1.150

3. Sumatera Barat 1.919 1.380

4. Riau 2.946 700

5. Jambi 2.540 414

6. Sumatera Selatan 3.888 583

7. Ben

kulu 1.883 521

8. Lampung 2.075 621

9. Kepulauan Bangka

Belitung

651 317

10. Ke

ulauan Riau 884 249

11. DKI Jakarta 3.447 657

12. Jawa Barat 13.247 3.328

13. Jawa Tengah 13.164 3.403

14. D.I. Yo

akarta 1.751 1.253

15. Jawa Timu

21.757 12.089

16. Banten 3.881 811

17. Bali 4.244 2.284

18. Nusa Tenggara

Barat

2.396 807

19. Nusa Tenggara

Timu

2.697 493

20. Kalimantan Barat 2.935 493

21. Kalimantan

Ten

2.510 320

22. Kalimantan

Selatan

1.721 463

23. Kalimantan Timu

2.906 544

24. Kalimantan Utara 476 96

25. Sulawesi Utara 3.620 308

26. Sulawesi Ten

ah 1.429 336

27. Sulawesi Selatan 4.966 791

28. Sulawesi Ten

ara 3.051 298

29. Gorontalo 884 202

30. Sulawesi Barat 837 48

31. Maluku 2.373 114

32. Maluku Utara 917 147

33. Pa

ua 2.131 58

34. Papua Barat 608 36

TOTAL 123.048 35.761

Authority of Police Investigators in Criminal Acts by Cooperative Management

Table 3: Report on Cooperative Data as of December 31,

2018 throughout Indonesia [20].

No Provinsi Koperasi

Aktif

(Unit)

RAT

(Unit)

1 Aceh 3.950 552

2 Sumatera Utara 4.667 1.317

3 Sumatera Bara

2.276 1.550

4 Riau 2.718 1.271

5 Jambi 2.492 377

6 Sumatera Selatan 3.738 554

7 Bengkulu 1.786 526

8 Lampung 2.510 938

9 Kepulauan Bangka

Belitung

677 388

10 Kepulauan Riau 1.035 235

11 DKI Jakarta 2.873 611

12 Jawa Barat 11.127 3.352

13 Jawa Tengah 13.460 3.869

14 D.I. Yogyakarta 1.715 1.212

15 Jawa Timu

24.024 11.776

16 Banten 4.557 860

17 Bali 4.400 2.316

18 Nusa Tenggara Barat 2.923 996

19 Nusa Tenggara Timu

2.364 508

20 Kalimantan Barat 2.851 780

21 Kalimantan Tengah 2.451 248

22 Kalimantan Selatan 1.705 711

23 Kalimantan Timu

3.478 931

24 Kalimantan Utara 460 74

25 Sulawesi Utara 3.665 347

26 Sulawesi Tengah 1.507 334

27 Sulawesi Selatan 5.892 980

28 Sulawesi Tenggara 3.307 372

29 Gorontalo 845 254

30 Sulawesi Bara

822 80

31 Maluku 2.626 171

32 Maluku Utara 786 115

33 Papua 1.864 368

Table 4: Report on Cooperative Data as of December 31,

2017 throughout Indonesia [21].

No Provinsi Koperasi

Aktif

(Unit)

RAT

(Unit)

1 Aceh 4.026 484

2 Sumatera Utara 6.073 1.091

3 Sumatera Bara

2.905 1.195

4 Riau 2.967 1.228

5 Jambi 2.550 267

6 Sumatera Selatan 3.851 485

7 Bengkulu 1.880 342

8 Lampung 3.106 876

9 Kepulauan Bangka

Belitung

744 292

10 Kepulauan Riau 1.213 269

11 DKI Jakarta 5.773 476

12 Jawa Barat 16.203 3.061

13 Jawa Tengah 21.667 3.515

14 D.I. Yogyakarta 1.841 1.017

15 Jawa Timu

27.683 8.234

16 Banten 5.508 705

17 Bali 4.477 2.108

18 Nusa Tenggara Barat 3.149 983

19 Nusa Tenggara

Timu

2.241 457

20 Kalimantan Barat 2.952 431

21 Kalimantan Tengah 2.682 209

22 Kalimantan Selatan 1.744 708

23 Kalimantan Timu

3.686 704

24 Kalimantan Utara 441 64

25 Sulawesi Utara 3.589 316

26 Sulawesi Tengah 1.419 217

27 Sulawesi Selatan 6.202 734

28 Sulawesi Tenggara 3.367 318

29 Gorontalo 944 172

30 Sulawesi Bara

819 69

31 Maluku 2.753 98

32 Maluku Utara 787 143

33 Papua 2.158 57

34 Papua Barat 774 35

TOTAL 152.174 31.360

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Table 5: 2016 Cooperative Data Reports Throughout

Indonesia [23].

No. Province

Cooperative(Unit)

Number Aktive Not

Active

1 Aceh 7,323 3,973 3,350

2 Sumatera Utara 11,280 5,977 5,303

3 Sumatera Bara

3,557 2,891 666

4 Riau 4,988 2,675 2,313

5 Jambi 3,459 2,484 975

6 Sumatera Selatan 5,853 3,820 2,033

7 Ben

kulu 2,482 1,871 611

8 Lampun

5,305 3,008 2,297

9 Ban

ka Belitun

963 726 237

10 Kepulauan Riau 2,177 1,196 981

11 DKI Jakarta 7,599 5,047 2,552

12 Jawa Bara

25,549 16,963 8,586

13 Jawa Ten

ah 26,409 21,667 4,742

14 DI Yo

akarta 2,479 1,826 653

15 Jawa Timu

31,980 27,683 4,297

16 Banten 6,963 5,436 1,527

17 Bali 4,939 4,463 476

18 Nusa Tenggara

Bara

3,825 3,131 694

19 Nusa Tenggara

Timu

2,627 2,241 386

20 Kalimantan Bara

5,224 3,012 2,212

21 Kalimantan

Ten

3,188 2,660 528

22 Kalimantan

Selatan

2,548 1,729 819

23 Kalimantan Timu

5,239 3,632 1,607

24 Kalimatan Utara 698 431 267

25 Sulawesi Utara 6,086 3,576 2,510

26 Sulawesi Ten

ah 2,064 1,402 662

27 Sulawesi Selatan 8,672 6,181 2,491

28 Sulawesi Ten

ara 3,701 3,340 361

29 Gorontalo 1,245 932 313

30 Sulawesi Bara

940 808 132

31 Maluku 3,411 2,690 721

32 Papua 1,062 777 285

33 Maluku Utara 3,142 2,152 990

34 Papua Bara

1,218 770 448

Jumlah Nasional 208,195 151,170 57,025

3 RESULTS AND DISCUSSIONS

3.1 Authority of Police Investigators in

Criminal Acts by the Cooperative

Management

Civil code presents laws in clear, concise and easily

understood language aimed at all French citizens in

general. It is a new work in the field of substantive

law that combines droit ecrit and coutumes, and

creates a legal unit for the entire territory of the

country. Its designers state that the KUH is a

collection of civil law regulations derived from

French law practiced in France - an ius commune - a

law that has been modernized from Roman law.

However, he did not simply imitate Roman law and

a number of clear differences between the approach

contained in this KUH with certain legal concepts,

as well as with various interpretations of previous

Roman law (Peter de Cruz, 1999).

In 1811, four additional types of Law were

enacted: the Code of Civil Procedure (KUHAPer),

the Code of Commerce (Trade Law), the Code of

Criminal Procedure (KUHAP), and the Penal Code

(Criminal Law). All of these laws were gradually

amended or replaced by more modern provisions

and, at present, only the Civil Code is still largely in

the same condition as when it was first enacted

(Peter de Cruz, 1999).

The main duties of the police according to

Article 13 of Law Number 2 of 2002 are to maintain

public security and order; enforce the law; and

provide protection, protection and service to the

community. The function of the police according to

Article 2 of Law Number 2 of 2002 is to carry out

the functions of the government in the field of

maintaining security and order, law enforcement,

protection, protection, and service to the public. The

authority of the police as regulated in Article 5 of

Law Number 2 of 2002 concerning the Indonesian

National Police is to maintain public security and

order, enforce the law, and provide protection,

protection and services to the community in the

context of maintaining domestic security [3].

The legal basis for investigations by the police is

regulated in Article 1 Paragraph (13) of Law

Number 2 of 2002 concerning the National Police of

the Republic of Indonesia, an investigation is a

series of investigative actions in terms of and in the

manner stipulated in the law to search for and collect

evidence with evidence it makes clear about the

crime that occurred and in order to find the suspect.

This is also regulated in Article 1 point (2) of the

Criminal Procedure Code that an investigation is a

Authority of Police Investigators in Criminal Acts by Cooperative Management

series of investigative actions in terms of and in the

manner stipulated in the law to search for and collect

evidence which, with the evidence, makes clear the

criminal act that occurred and found the suspect [6].

Investigations conducted by the police to collect

evidence in the first stage, although it is still

temporary, to the public prosecutor about what

actually happened or about the crime that has been

done. Based on this belief, the public prosecutor

believes that there is sufficient reason to submit a

suspect before a court hearing immediately. In this

case it can be seen that the investigation is a work

carried out to make light of a case, which can then

be used by the public prosecutor as the basis for

bringing the suspect along with the evidence that is

before the trial. Investigations are carried out in the

interests of the judiciary, specifically in the interests

of prosecution, which is to determine whether an

action or an act is prosecuted in a court of law.

Pursuant to Article 6 Paragraph (1) of the

Criminal Procedure Code that the investigator is an

official of the Republic of Indonesia police and

certain civil servant officials are given special

authority by law. According to Article 1 point (2) of

the Criminal Procedure Code that: "an investigation

is a series of actions of the investigator in terms of

and according to the manner stipulated in this law to

search for and collect evidence which with the

evidence makes clear about the criminal acts that

occurred and in order to find the suspect" [ 6]

The purpose of a concrete investigation can be

specified as an investigator's act to obtain

information about: Criminal acts committed, time of

committing a crime, committing a crime, manner,

reason, perpetrators of a criminal offense

(Abdussalam, H. R, 2009).

Investigations are carried out to find and gather

evidence which in the first stage must provide

confidence, although it is still temporary, to the

public prosecutor about what actually happened or

about the crime that has been committed and who

the suspect is. If based on this belief, the public

prosecutor believes that there is sufficient reason to

immediately file a suspect before the court hearing.

In this case it can be seen that the investigation is the

work carried out to make light of a case, which can

then be used by the public prosecutor as the basis for

bringing the suspect along with the available

evidence before the trial. Investigations are carried

out in the interests of the judiciary, specifically in

the interests of prosecution, which is to determine

whether an action or an act is prosecuted

(Abdussalam, 2009).

Suspicion or knowledge of the existence of a

crime can be obtained from four possibilities,

namely: Caught in the hands, based on reports,

complaints, and known to the investigator (Sutarto,

2002).

The investigation according to Moeljatno was

carried out after the investigation, so that the

investigation had a basis or basis for doing so. In

other words the investigation was not carried out on

the presumption of someone according to the

investigator that he was guilty. Investigations carried

out are not just based on mere suspicion, but based

on a principle that is used that the investigation aims

to make a case clear by gathering evidence about the

occurrence of a criminal case. Investigations are

carried out if there are enough clues that a person or

suspects have committed an event that can be

punished (Moeljatno, 1985).

Acts that result in criminal acts committed by the

management of cooperatives, in this case

investigators in the police can conduct an

investigation to find out whether the actions carried

out by cooperative management violate the articles

in the Criminal Code and other regulations.

4 CONCLUSIONS AND

RECOMMENDATIONS

4.1 Conclusions and Recommendations

The authority of police investigators in conducting

investigations is regulated in Article 1 Paragraph

(13) of Law Number 2 of 2002 concerning the

Indonesian National Police. Investigation is a series

of investigative actions in terms of and according to

the way stipulated in the law to find and collect

evidence. Based on this evidence, the criminal act

that occurred was made clear in order to find the

suspect. It is also regulated in Article 1 point (2) of

the Criminal Procedure Code that an investigation is

a series of investigative actions in terms of and in

the manner stipulated in this law to search for and

collect evidence.

4.2 Recommendations

With so many problems of crime in cooperatives, it

is necessary to add competent investigators in the

field of cooperatives or the like in order to be able to

further investigate investigations.

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