Tanggung Jawab Distributor Kepada Retailer dalam Pemasaran Produk Handphone yang Tidak Sesuai Pemesanan (Studi Putusan Nomor 20/PDT.G/2019/PN ADL)

Abstract

The rules regarding legal protection of retailers are not complete, this can be observed from the legal provisions governing retailers which until now have only been regulated in the Regulation of the Minister of Trade on the general provisions for the distribution of goods. In the study of the Judgment of the District Court of Andoolo No. 20/Pd.G/2019/PN ADL is a judgment of the District Court that grants two (2) sheets of payment receipts is valid and binding on the retailer and distributor. Therefore, it is necessary to understand how to regulate the legal relationship between distributors and retailers in buying and selling smartphones, how distributors' liability to retailers related to the receipt of smartphone products that are not in accordance with orders based on the Civil Code, as well as how the legal analysis of the judge's consideration and decision regarding the distributor's liability to retailers in the Andoolo District Court Decision No. 20 / Pdt.G / 2019 / PN ADL. Type of research: normative law and the nature of writing: legal research of an analytical descriptive nature. Data source: secondary legal material. Then, data collection techniques: literature, as well as data collection tools: document study and data analysis: qualitative data analysis. From the results of this writing, the regulation of legal relations between distributors and retailers in buying and selling smartphones, is regulated in Article 1338 of the Criminal Code which adheres to the principle of freedom of contract, Article 6 number 1 letter a and Article 6 number 2 of the PERMENDAGRI Number 66 of 2019 concerning Amendments to the Regulation of the Minister of Trade Number 22/M-DAG/PER/3/2016 concerning General Provisions for The Distribution of Goods, in the distribution activities of the agreement arises either from the agreement, appointment, and/or proof of transaction in writing, so that the distributor's liability to the retailer related to the receipt of mobile phone products that are not in accordance with the order has a legal consequence of default. Regarding the cost of the loss to be reimbursed in judgment No. 20/Pdt.G/2019/PN ADL, the Panel of Judges gave a decision based on the petitum subsidair in the form of ex aequo et bono which is closer to the sense of justice and is still within a framework compatible with the prima facie petitum core.