scholarly journals KEDUDUKAN HUKUM DAN TANGGUNG GUGAT PEDAGANG PERANTARA, DISTRIBUTOR, DAN/ATAU AGEN DALAM JALUR DISTRIBUSI BARANG

2021 ◽  
Vol 4 (2) ◽  
pp. 193-202
Author(s):  
Andyna Susiawati Achmad ◽  
Astrid Athina Indradewi
Keyword(s):  
Consumer Protection ◽  
Distribution Channel ◽  
Business Owners ◽  
Relationship Status ◽  
Legal Certainty ◽  
Legal Relationship ◽  
Distribution Process ◽  
The Relationship ◽  
Final Consumer

Abstract This research aims to find a legal certainty regarding liability of an intermediary trader towards final consumer. All of these times, there is a legal vacuum regarding the legal relationship which occurs between, sellers, intermediaries, and consumer. Acts No. 8 Year 1999 regarding Consumer Protection classifies intermediary traders, distributors, or agents as mere business actors and not distinguish the role of each of these intermediary parties. The method use for this scientific research is Normative Juridical. The researcher used Statutes Approach, Doctrinal Approach, and Case Approach. This paper will discuss about the legal vacuum which happened during Consumer Protection Law, regarding the relationship status of intermediary traders, there is no clear regulation surrounding the accountability of said middleman and its consumer. Furthermore, the paper will examine differences between various intermediary during the distribution process. The multitude number of intermediary traders has caused many branches of law relationships between intermediaries, businessman, and end consumer. From these relationships, this paper can further explain the type of liability that applies to each party. In conclusion, this research argues that responsibility between each party (producers, intermediary traders, and final consumers) are tiered and must be adjusted accordingly to its type of relationship and the transaction that has occurred. The final consumer cannot meddle or demand accountability from the intermediary trader, if the intermediary itself in the distribution channel only acts as a middleman. Business owners who own intermediary actors cannot resolve themselves from the liability of consumers, whereas the intermediary only acts for them.Keywords: consumer protection; intermediary trader; liabilityAbstrak Penelitian ini bertujuan untuk menemukan secara pasti tentang tanggung gugat perantara perdagangan kepada konsumen akhir. Selama ini  terdapat kekosongan hukum mengenai hubungan hukum yang terjadi di antara penjual, perantara, dan konsumen. Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen menggolongkan pedagang perantara, distributor atau agen sebagai pelaku usaha semata dan tidak membedakan kedudukan dari masing-masing para pihak perantara ini. Tipe penelitian ini menggunakan Yuridis Normatif. Metode penelitian menggunakan pendekatan Statutes Approach, Doctrinal Approach dan Case Approach. Penelitian ini pertama-tama membahas mengenai kekosongan hukum yang terjadi dalam UUPK mengenai status hubungan perantara perdagangan, belum adanya pengaturan mengenai tanggung gugat yang jelas bagi perantara perdagangan ini membawa kerugian bagi perantara perdagangan dan juga bagi konsumen akhir. Kemudian dilanjutkan dengan membahas mengenai berbagai macam jenis Pedagang perantara yang dikenal dalam jalur distribusi. Banyaknya jenis pedagang perantara ini juga melahirkan banyaknya jenis hubungan hukum yang terjadi di antara pedang perantara, pelaku usaha dan konsumen akhir. Dari jenis-jenis hubungan hukum yang tercipta maka barulah dapat di pahami mengenai jenis tanggung gugat yang berlaku bagi masing-masing pihak. Hasil dari penelitian ini adalah bahwa tanggung jawab yang terjadi antara Produsen, pedagang perantara dan konsumen akhir adalah tanggung jawab berjenjang, yang harus disesuaikan dengan tipe dan jenis hubungan hukumnya dalam setiap transaksi yang terjadi. Konsumen akhir tidak bisa serta merta secara mutlak meminta pertanggung jawaban dari pedagang perantara apabila dalam jalur distribusi pedagangan perantara hanya bertindak sebagai perantara perdagangan. Pelaku usaha yang menggunakan jalur pedagang perantara tidak bisa membebaskan dirinya secara mutlak dari tanggung gugat kepada konsumen akhir, manakala pedagang perantara itu bertindak untuk dan atas nama pelaku usaha tersebut.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

HUBUNGAN ORIENTASI KEWIRAUSAHAAN DENGAN PERTUMBUHAN UMKM: PERAN ASPEK PERMODALAN DAN PEMERINTAH SEBAGAI MODERATOR

2016 ◽  
Vol 1 (1) ◽  
pp. 61-70
Author(s):  
Hanuna Shafariah ◽  
Edison Edison ◽  
Rio Mattajang
Keyword(s):  
Development Strategy ◽  
Entrepreneurial Orientation ◽  
Business Performance ◽  
Information Provision ◽  
Business Owners ◽  
Government Support ◽  
The Development Strategy ◽  
The Government ◽  
The Relationship

This study aimed to examine the relationship between entrepreneurial orientation (EO) with of SMEs growth, and capital factors and government support as a moderator. Using the data collected from 90 SME’s, the study employs Hierarchical moderated regression analysis was used to test the hypotheses. The statistical results lead to the following conclusions: EO has a significant positive relationship with SME's growth, but the role of capital factors and government support as moderator unsupported. The implication of these findings is that the government and financial institutions as the two institutions need to increase their role to encourage the growth of SMEs in terms of information provision, access to markets, capital, and training needs so it can serve as a reference for determining the development strategy of SMEs in the future. From the business owners or SMEs themselves, this research can be used as guidelines for business performance improvement through entrepreneurship-oriented behavior. Keywords: entrepreneurial orientation, SMEs growth

scholarly journals ENTREPRENEURIAL ORIENTATION AND ORGANIZATIONAL PERFORMANCE OF E-BUSINESS IN MALAYSIA: THE MODERATING ROLE OF EXTERNAL ENVIRONMENT

2019 ◽  
Vol 1 (1) ◽  
pp. 01-17
Author(s):  
Sabrinah Adam ◽  
Mohd Khairuddin Ramliy ◽  
Ai Chin Thoo ◽  
Adaviah Mas’od ◽  
Farrah Merlinda Muharam
Keyword(s):  
Organizational Performance ◽  
Entrepreneurial Orientation ◽  
Structural Equation ◽  
External Environment ◽  
Target Population ◽  
Business Owners ◽  
Underlying Basis ◽  
The Relationship ◽  
Moderating Role

There has been relatively little research that examines the relationship between the external environment and their consequences on the organizational performance of e-business in developing countries. This research represents an attempt to do so from the Malaysian e-business perspectives. This research examines the relationships between entrepreneurial orientation and organizational performance and on the role of the external environment as a moderator between the relationships. The consideration of putting moderator factors in this research allows more precise descriptions of the relationship between the two variables mentioned and the outcome of the research. This study was grounded by Resource-Based View theory as the underlying basis. This study adopted a quantitative approach where 400 questionnaires were distributed to the target population and 381 were returned. Structural Equation Modelling was performed on the quantitative data using SMART PLS 3.0. The quantitative findings indicated that entrepreneurial orientation variables of innovativeness, proactiveness, risk-taking, competitive aggressiveness and autonomy have significant effects on financial and non-financial organizational performance. However, the moderating effect of the external environment on the relationship was found not significant. This study concluded that entrepreneurial orientation and the external environment are vital to promoting the organizational performance of e-business in Malaysia. These findings able to serve as a guideline for e-business owners or founders to improve their organizational performance thus compete in the digital sphere.

scholarly journals Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia

2021 ◽  
Vol 4 (3) ◽  
pp. 12-24
Author(s):  
Rielly Lontoh ◽  
Ronny A. Maramis ◽  
J. Ronald Mawuntu ◽  
Abdurrahman Konoras
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
Land Disputes ◽  
Law Enforcement Officials ◽  
Agrarian Law ◽  
The Relationship ◽  
Legal Force

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.

Barriers to E-Commerce Adoption in SMEs

2011 ◽  
pp. 256-276
Author(s):  
Robert C. MacGregor
Keyword(s):  
Developing Countries ◽  
Small Business ◽  
Small Businesses ◽  
Slow Growth ◽  
Business Owners ◽  
Small Business Owners ◽  
Developed Economies ◽  
The Relationship ◽  
Research Studies

It has long been known that small businesses have realised enhanced profits through the adoption of ecommerce. However, a number of recent studies have suggested that it is the larger businesses that are reaping the rewards of e-commerce rather than the smaller businesses. This slow growth of e-commerce adoption in SMEs has been attributed to various adoption barriers that are faced by small business owners/managers. These barriers have been well documented in numerous research studies. However, the relationship between these barriers has not been fully examined, particularly in developing countries. Of particular concern is the fact that the conclusions concerning the nature and role of barriers to e-commerce adoption have simply been transferred from studies in developed economies to those in developing ones. 96 non-adopting SMEs in Indonesia are compared to 129 in Sweden to determine whether the perception of importance of barriers differs between the two locations. The data is also analysed to determine whether the underlying factors of these barriers differs across the two locations.

PERLINDUNGAN KONSUMEN TERHADAP WANSPRESTASI PELAKU USAHA

2019 ◽  
Vol 27 (3) ◽  
pp. 1072
Author(s):  
Onan Purba ◽  
Rumelda Silalahi
Keyword(s):  
Open Access ◽  
Consumer Protection ◽  
Legal Protection ◽  
Access To Information ◽  
Legal Certainty ◽  
Business Climate ◽  
The Relationship

In this study the author examines the consumer protection against the breach contract of business actors. This is based on the reality occurs in the midst of society that there are some business actors harm consumers’ rights. Consumers’ rights are often ignored by business actors as they don’t fulfill their obligations to the consumers properly. This condition can reduce or even lost the trust of the consumer, furthermore the consumer also can take some law process due to this condition. This study uses a normative method, which analyze the problem through an approach in legislation and also sourced from books, papers, laws and other references. There are three problems formulated in this study (1) the legal protection of the consumers to the business actors, (2) the sanctions based on Law Number 8 of 1999 against business actors in transactions, (3)the relationship between business actors and consumers. The existence of a law governing consumer protection is not intended to kill the performance of business actors. The consumer protection law can actually encourage a save business climate and encourage the innovation of a strong company in dealing with existing competition by providing qualified goods / services. This condition also presents two side of negative and positive challenge at a same time. It is positive because it gives a free chance for the consumer to choose any product and services according to their needs. However, it is negative because finally it determined the consumer position which is lower than the business actors. Consumer protection against the breach contract of  business actors' should provide transparency contains and open access to information and guarantees legal certainty, protecting the interests of consumers and the interests of all business actors.

scholarly journals Sociosexuality and Bright and Dark Personality: The Prediction of Behavior, Attitude, and Desire to Engage in Casual Sex

2019 ◽  
Vol 16 (15) ◽  
pp. 2731 ◽  
Author(s):  
Elena Fernández del Río ◽  
Pedro J. Ramos-Villagrasa ◽  
Ángel Castro ◽  
Juan Ramón Barrada
Keyword(s):  
Sexual Health ◽  
Big Five ◽  
Predictive Models ◽  
Casual Sex ◽  
Relationship Status ◽  
Sociosexual Behavior ◽  
Individual Traits ◽  
The Relationship ◽  
A Current

Research about sociosexuality, understood as differences in people’s willingness to have sex without commitment in terms of its predictors, such as demographics, relationship status, or individual traits, such as personality, is still scarce. Although sociosexuality was initially considered unidimensional, a tridimensional structure—with behavior, attitudes, and desire as its components—is gaining momentum in the literature nowadays. The present study proposes to develop different predictive models for each dimension, examining the role of personality (i.e., the “Big Five” and the “Dark Tetrad”) and sociodemographic variables. Participants were 991 university students from a Spanish university (75.5% women, 72.0% heterosexual, Mage = 20.66). Our results provide evidence that predictors of sociosexuality vary depending on the dimension under analysis. Being female, older, not having a heterosexual orientation, and not being involved in a current relationship predicted higher scores in sociosexual behavior and attitudes. Regarding personality, psychopathy and extraversion were the only traits involved in all three components of sociosexuality. Neuroticism, agreeableness, and conscientiousness also play a role in the prediction of some of the sociosexuality dimensions. These results help to disentangle the relationship between personality and sociosexuality and to design more effective programs and policies to promote sexual health.

The Role of After-Sales Service in International Marketing

1997 ◽  
Vol 5 (4) ◽  
pp. 11-28 ◽  
Author(s):  
Gulden Asugman ◽  
Jean L. Johnson ◽  
James McCullough
Keyword(s):  
Market Research ◽  
Market Competition ◽  
International Marketing ◽  
Distribution Channel ◽  
Foreign Market ◽  
Foreign Markets ◽  
Relative Product ◽  
Marketing Activities ◽  
The Relationship

This study develops and tests a conceptual framework relating internationalization and after-sales service (AS) in international marketing activities. Specifically, the study tests the relationship between internationalization, importance of AS accompanying durable export products, and actual AS offerings in foreign markets. Level of foreign market competition, relative product quality, and marketer power in the foreign distribution channel were investigated as moderators in the relationship between AS importance and services actually offered in the foreign market. Research results generally support the hypotheses, suggesting that as firms internationalize, they come to understand the role of AS in international activities. However, there are factors that facilitate and/or inhibit the marketer's actual offering of these services.

scholarly journals Participation of SME distributors in the gray market: An empirical analysis of Spanish firms

2021 ◽  
Vol 5 (2) ◽  
pp. e372
Author(s):  
Fernando Gimeno-Arias
Keyword(s):  
Empirical Analysis ◽  
Consumer Goods ◽  
Fast Moving ◽  
Distribution Channel ◽  
Distribution Channels ◽  
Marketing Channels ◽  
Gray Market ◽  
Fast Moving Consumer Goods ◽  
The Relationship

Within the distribution channels of fast-moving consumer goods (FMCG), the negotiating of agreements with official suppliers is critical for the performance of small and medium-sized (SME) distributors. These distributors are limited by their size and negotiating power, which is significantly lower than that of their suppliers, leading them to seek alternative supply sources, such as that provided by the gray market. The participation of SME distributors in the gray market is not only conditioned by the negotiations with their official suppliers, but also by the role played by the size of the gray market and by the relationship with their suppliers. The literature shows very few studies into SMEs within this area of the distribution channel, so this article contributes an explanatory model of this phenomenon. Based on a sample of 181 Spanish distribution companies, our results confirm that negotiation is a favorable element, while granting limited importance to the role of the relationship. In addition, we find evidence of the key role of commitment between parties in a situation as peculiar as that of parallel marketing channels.

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