Legal Problems Do Not Allow Refunds to be Subject to Judgement Execution: A Case Study of a Savings Cooperative in Songkhla Province

Abstract

The Research had the purpose of studying the execution and cooperative law and studying the execution in terms of average payback to suggest legal measures to protect the average payback from judgment execution. This is qualitative research that uses document research methods and then uses in-depth interviews to obtain data to analyze the research results that suggest the relevant laws be amended so that the average payback will not be subject to judgment execution.

The results of the study of documents and opinions received from the sample group found that, the execution of average payback causes various problems, such as the problem of who should have the right to average payback between external creditors or debtors, the problems of the cooperative's right to average payback because cooperatives do not have preference right in average payback, and the problems of the right to seize average payback from external creditors that had bad results for cooperative debtors and external creditors. Therefore, to solve the problem that arises from the fact that the average payback is still under the liability of legal judgment execution, the researcher recommended amending the Cooperative Act, Section 42, and related rules and regulations.