Business Relationships between Corporations and Distributors: A Study of Petroleum Business Law in Indonesia
DOI:
https://doi.org/10.6000/1929-4409.2021.10.84Keywords:
Business Law, Agency, relationship, marketing, oil and gas, Pertamina.Abstract
The paper aims to analyze the business relationship in LPG (Liquefied Petroleum Gas) distribution and marketing in Indonesia as it has an important and strategic role for most Indonesian people. By using a juridical and empirical approach, the results showed that Pertamina is a state-owned company that assigns LPG duties to the end-user. To reaches the end-user needed by another intermediary, namely an agent. The legal relationship between Pertamina and the agent is stipulated in the agency contract. Form the theory side, it is necessary to research whether the agency contract is based on the basic principles of agency law or not. The incompatibility of an agency contract with the basic principles of agency law caused the contract not to have legal force. The contribution of this research is its examination of the legal validity of the agency contract of Pertamina with the agent and to provide a legal opinion from the agency theory side which should be the basis for making agency contracts.
References
Abdulkadir, M. (2004). Hukum dan Penelitian Hukum. Bandung: Citra Aditya Bakti.
Achmad, Y., & Mukti Fajar, N. D. (2015). Dualisme Penelitian Hukum Normatif & Empiris. Yogyakarta, Pustaka Pelajar.
Anderson, R. A., Kumpf, W. A., & Kendrick, R. E. (1971). Business law, principles and cases. South-Western Pub. Co.
Black, H. C. (1979). Blacks Law Dictionary. Paul: West Publishing Company
Bowers, T., Mallor, J. P., Barnes, J., & Langvardt, A. W. (2004). Business Law, The ethical, global and e-commerce environment. Mc Graw Hill Irwin
Cheeseman, H. R. (2001). Business law: Ethical, international & e-commerce environment. (Doctoral dissertation, Univerza v Mariboru, Ekonomsko-poslovna fakulteta).
Hemphill, C. F., & Long, J. A. (1994). Basic business law. Prentice Hall.
Miller, R. L., & Jentz, G. A. (2011). Business Law Today: Comprehensive: Text and Cases. Cengage Learning. Nelson Education
Santoso, B. (2015). Keagenan (Agency): Prinsip-Prinsip Dasar, Teori, dan Problematika Hukum Keagenan. Jakarta: Ghalia Indonesia.
Santoso, B., & Lestari, S. N. (2018). Laporan Penelitian_Prinsip Dasar Hubungan Keagenan Pada Jasa Pengiriman Barang (Studi Hubungan Keagenan di pt. Jalur Nugraha Ekakurir).
Schneeman, A. (1997). The law of corporations, partnerships, and sole proprietorships. Delmar Publishers.
Schotel, B. (2013). Legislation, empirical research and juridical law. The Theory and Practice of Legislation, 1(3), 501-532.
Soekanto, S. (2006). Pengantar penelitian hukum. UI-Press.
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