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Journal : balobe law journal

Perlindungan Hukum Bagi Importir Tanaman Hias Online Dalam Melakukan Transaksi Ekspor-Impor Terhadap Wanprestasi Eksportir Sihite, Sri Rumada
Balobe Law Journal Volume 3 Issue 2, October 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i2.1826

Abstract

Introduction: Ornamental plants come from various countries, both within and outside our country, Indonesia. One of them is Bangkok. Ornamental plants or often also called flowers, especially ornamental plants from Bangkok, which has a flower market, also have a lot of interest in our country, Indonesia. Transactions between exporters and importers of ornamental plants experience problems and have problems.Purposes of the Research: Know and understand the problems of exporting and importing ornamental plants.Methods of the Research: This research is normative research using a statutory approach with the sources of legal materials used are primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis.Results of the Research: The problem in the title is what legal protection is provided by the importer of ornamental plants if there is an importer's default such as the ornamental plant wilting and within a few days after being replanted the ornamental plant must be thrown away and cannot be resold. Refers to the obligations of the seller and buyer based on Article 1474 of the Civil Code, which states that the seller has the obligation to hand over the object and what he is selling and assume or guarantee it.
Breach of Contract by The Owner of a Multilevel Marketing Business in International Transactions Sihite, Sri Rumada; Laturette, Adonia Ivonne; Labetubun, Muchtar Anshary Hamid
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3868

Abstract

Introduction: A multilevel business owner who breaches a promise, or in other words, commits a breach of contract in international transactions, is proven to have breached a promise in this study. This study examines whether the breach of contract by multilevel business owners in international transactions is a deliberate act, a legal act, or the result of information asymmetry, differences in regulations between countries, and weak oversight of multilevel business schemes that fall under jurisdictional authority.Purposes of the Research: To examine the rights of multilevel marketing members in cases of breach of contract by multilevel marketing business owners who fail to fulfill their obligations, or, in other words, in international transactions, as well as the legal consequences of such transactions.Methods of the Research: The research method used is the normative legal method, employing a legislative and conceptual approach.Results of the Research:  Breach of contract by multi-level business owners in international transactions, where such owners have been found to potentially commit breach of contract in the form of a breach of promise—specifically, by failing to pay bonuses or commissions in accordance with the promised scheme to cross-border recipients. The legal consequences of breach of contract refer to Article 1243 of the Civil Code, namely compensation, cancellation of the agreement accompanied by compensation, transfer of risk, and payment of legal costs, but in an international context. The affected members face challenges in the form of a conflict of laws when the contract does not specify a clear choice of law. In this case, compensation is sought in the form of monetary damages.