Reconstruction of Criminal Law Policy on Misuse of Cooperative Member Funds Based on the Principles of Accountability and Legal Protection of Members

Abstract

This study seeks to analyze the normative weaknesses of criminal law policy regarding the misuse of cooperative member funds in the Indonesian positive legal system and to reconstruct a criminal law policy model based on the principles of accountability and legal protection of members in the reform of cooperative law. The study employs a normative juridical method under a statutory and conceptual approach through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 1992 concerning Cooperatives, the Criminal Code, Law Number 1 of 2023 concerning the Criminal Code, and regulations related to money laundering and electronic transactions. The study results indicate that the current criminal law policy still relies on general offenses such as embezzlement, fraud, and forgery, so it cannot accommodate the characteristics of the fiduciary relationship between managers, supervisors, and members of cooperatives. These weaknesses are evident in the vagueness of criminal liability norms, disharmony between general criminal law and cooperative law, weak proof of the element of intent, and the absence of an effective mechanism for recovering member losses. The proposed reconstruction includes a reformulation of the specific offense of misuse of cooperative member funds, a fiduciary duty-based criminal liability model, strengthening of cooperative corporate criminal liability, integrating penal and administrative sanctions, implementing an early warning system for fraud, and a restorative justice model focused on recovering member funds through a victim compensation scheme. This model is expected to contribute to reforming cooperative law to be more responsive, equitable, and able to guarantee effective legal protection for members.