Implementation Of Standard Agreements In The Transportation Agreement Of Goods Through Land Transportation Companies In Medan City (Study In The CV.

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Implementation of Standard Agreements in the Transportation Agreement of Goods through Land Transportation Companies in Medan City: A Study in CV. Pure ASI

Introduction

The transportation agreement of goods is a crucial aspect of the logistics industry, involving two parties: the sender and the transport. Both parties have rights, obligations, and responsibilities that must be met. However, if there is negligence or default that is detrimental to one of the parties, then the disadvantaged party has the right to demand compensation. This study examines the implementation of standard agreements in transporting goods through CV. Pure ASI in Medan, with a focus on the responsibilities of the transport and the rights of consumers.

Background

The transportation agreement of goods is a complex process that involves multiple stakeholders, including the sender, the transport, and the consumers. The agreement must be fair, transparent, and in accordance with the laws and regulations of the country. In Indonesia, the transportation agreement of goods is governed by Law No. 22 of 2009 concerning Road Traffic and Transportation. This law emphasizes the importance of fair compensation for the sender in case of transportation errors.

Methodology

This study uses a descriptive method with an empirical juridical approach. Data were collected through interviews with informants and secondary data collection from primary, secondary, and tertiary legal materials. The data were analyzed qualitatively to identify the patterns and trends in the implementation of standard agreements in transporting goods through CV. Pure ASI.

Implementation of Standard Agreements in CV. Pure ASI

The standard agreement used by CV. Pure ASI is not in accordance with the principle of freedom of contract. This is because the position of the sender (consumer) tends to be weak and does not have the freedom to determine the contents of the agreement. CV. Pure ASI determines unilaterally its responsibilities in terms of compensation, which is contrary to Law No. 22 of 2009 concerning Road Traffic and Transportation. The law emphasizes that the sender is entitled to receive compensation in accordance with the losses he suffered due to the transportation error.

Limitations of the Standard Agreement

The standard agreement applied by CV. Pure ASI does not provide adequate legal protection to consumers. This makes consumers feel financially disadvantaged in case of loss or damage to the goods during the transportation process. The standard agreement also does not provide a clear mechanism for resolving disputes between the sender and the transport.

Further Analysis

The use of standard agreements in the transportation agreement in Indonesia is indeed common. This is caused by several factors, including:

  • Efficiency: The standard agreement allows the transportation process to run more efficiently because it has contained the agreed standard of procedures and responsibilities.
  • Ease: A standard agreement facilitates the transport process for both parties, especially for transportation.
  • Limited Access: Consumers may not have enough access or knowledge to negotiate a more fair transport agreement.

However, the use of standard agreements must still pay attention to the principle of justice and the principle of freedom of contract. This study shows that an unfair standard agreement can harm consumers and cause legal uncertainty.

Solutions and Recommendations

To overcome this problem, several solutions and recommendations are needed, including:

  • Increasing consumer legal awareness: Consumers need to understand their rights and obligations in the transportation agreement.
  • The development of more pro-consumer regulations: Regulations related to the transportation agreement of goods need to be strengthened to further protect consumers and create a balance between the rights of the sender and transport.
  • Coaching and Supervision of Transportation Companies: Guidance and supervision of transport companies need to be improved so that they run their business in accordance with good business rules and ethics.

Conclusion

The implementation of standard agreements in the transportation agreement of goods through land transportation companies in Medan City is a complex issue that requires careful consideration. This study shows that the standard agreement used by CV. Pure ASI is not in accordance with the principle of freedom of contract and does not provide adequate legal protection to consumers. To overcome this problem, several solutions and recommendations are needed, including increasing consumer legal awareness, developing more pro-consumer regulations, and coaching and supervision of transportation companies.

Recommendations for Future Research

This study provides several recommendations for future research, including:

  • Further analysis of the standard agreement: A more in-depth analysis of the standard agreement used by CV. Pure ASI is needed to identify the specific provisions that are not in accordance with the principle of freedom of contract.
  • Comparison with other transportation companies: A comparison with other transportation companies in Medan City is needed to identify the best practices in the implementation of standard agreements.
  • Development of a more comprehensive regulatory framework: A more comprehensive regulatory framework is needed to protect the rights of consumers and create a balance between the rights of the sender and transport.

By implementing these solutions and recommendations, it is expected that the implementation of the transportation agreement in Medan can be more fair and protect the rights of consumers.
Q&A: Implementation of Standard Agreements in the Transportation Agreement of Goods through Land Transportation Companies in Medan City

Q: What is the purpose of this study?

A: The purpose of this study is to examine the implementation of standard agreements in transporting goods through CV. Pure ASI in Medan City, with a focus on the responsibilities of the transport and the rights of consumers.

Q: What are the main findings of this study?

A: The main findings of this study are that the standard agreement used by CV. Pure ASI is not in accordance with the principle of freedom of contract, and does not provide adequate legal protection to consumers. The standard agreement also does not provide a clear mechanism for resolving disputes between the sender and the transport.

Q: What are the limitations of the standard agreement used by CV. Pure ASI?

A: The limitations of the standard agreement used by CV. Pure ASI include:

  • The position of the sender (consumer) tends to be weak and does not have the freedom to determine the contents of the agreement.
  • CV. Pure ASI determines unilaterally its responsibilities in terms of compensation, which is contrary to Law No. 22 of 2009 concerning Road Traffic and Transportation.
  • The standard agreement does not provide adequate legal protection to consumers, making them feel financially disadvantaged in case of loss or damage to the goods during the transportation process.

Q: What are the factors that contribute to the use of standard agreements in the transportation agreement in Indonesia?

A: The factors that contribute to the use of standard agreements in the transportation agreement in Indonesia include:

  • Efficiency: The standard agreement allows the transportation process to run more efficiently because it has contained the agreed standard of procedures and responsibilities.
  • Ease: A standard agreement facilitates the transport process for both parties, especially for transportation.
  • Limited Access: Consumers may not have enough access or knowledge to negotiate a more fair transport agreement.

Q: What are the solutions and recommendations to overcome the problems identified in this study?

A: The solutions and recommendations to overcome the problems identified in this study include:

  • Increasing consumer legal awareness: Consumers need to understand their rights and obligations in the transportation agreement.
  • The development of more pro-consumer regulations: Regulations related to the transportation agreement of goods need to be strengthened to further protect consumers and create a balance between the rights of the sender and transport.
  • Coaching and Supervision of Transportation Companies: Guidance and supervision of transport companies need to be improved so that they run their business in accordance with good business rules and ethics.

Q: What are the implications of this study for the transportation industry in Indonesia?

A: The implications of this study for the transportation industry in Indonesia are that the industry needs to pay attention to the principle of justice and the principle of freedom of contract in the implementation of standard agreements. The industry also needs to improve the legal protection of consumers and create a balance between the rights of the sender and transport.

Q: What are the recommendations for future research?

A: The recommendations for future research include:

  • Further analysis of the standard agreement: A more in-depth analysis of the standard agreement used by CV. Pure ASI is needed to identify the specific provisions that are not in accordance with the principle of freedom of contract.
  • Comparison with other transportation companies: A comparison with other transportation companies in Medan City is needed to identify the best practices in the implementation of standard agreements.
  • Development of a more comprehensive regulatory framework: A more comprehensive regulatory framework is needed to protect the rights of consumers and create a balance between the rights of the sender and transport.

Q: What are the benefits of this study for the transportation industry in Indonesia?

A: The benefits of this study for the transportation industry in Indonesia are that it provides a better understanding of the implementation of standard agreements in the transportation agreement of goods through land transportation companies in Medan City. The study also provides recommendations for improving the legal protection of consumers and creating a balance between the rights of the sender and transport.