Transactional Contract Research Articles

Tinjauan Hukum Islam terhadap Akad Biaya Penanganan dalam Transaksi Cash On Delivery pada Marketplace Shopee

This study aims to describe the concept of handling fee contracts and analyze the review of Islamic law on handling fee contract in Cash On Delivery transactions at the Shopee Marketplace. The main questions of this research are; First, how is the concept of Cash On Delivery transaction contract at Shopee Marketplace. Second, how is the concept of handling fee contract. Third, how is the law of handling fee on Cash On Delivery transaction at Shopee Marketplace according to a review of Islamic law. This research is a qualitative research that using the normative and sociological approach. The research conducted a systematic literature review which summarizing the previous research on the topic. Then, the data collection were analyzed using inductive method. The results of this research shos that; First, Cash On Delivery transaction is a type of transaction where the customer pays for a product at the time of delivery. If customer refuse to pay the Cash On Delivery order twice in last sixty days, the customer will not be able to use Cash On Delivery transaction method on the next sixty days. Second, Handling fee is an amount of charge to customer for every check out. The handling fee is count on the top of their transaction subtotal. Third, the handling fee charged by the Shopee Marketplace on the Cash On Delivery transaction method when viewed from the perspective of Islamic law is appropriate, because it meets the pillars and conditions of buying and selling, namely mumayyiz, the seller is the owner of the goods, the goods sold are not najiz, and the satisfaction between seller and buyer.

The Implementation of Electronic Contract on Business to Business (B2B) Electronic Transaction

Background: Before technology was widely used, transactions were carried out directly or non-electronically so that contracts in transactions were made in physical form. Due to the rapid development of the times, non-electronic transactions are now with a touch of technology turning into electronic transactions considering the many conveniences and cheapnesses obtained. As with direct transactions, sometimes in running a business, a contract agreement is needed. Aim: This study analyzed the implementation of electronic contract on B2B electronic transaction. Method: This study uses a normative legal research method with a normative juridical approach, while data collection techniques are carried out by exploring journals, books and applicable laws and regulations. The data obtained were then analyzed qualitatively and presented descriptively. Findings: The results of the study show that the implementation of electronic contracts in electronic transactions is based on the need to make long distance agreements while still fulfilling the legal requirements of the agreement including agreements, people who are adults and there are no obstacles to carrying out legal actions, certain rights and legal causes. So it can be concluded that the electronic contract is similar to a conventional contract, the only difference being that the electronic contract is created through an electronic system process while the conventional contract is created not through an electronic system process but is directly created orally or in writing on a special paper.

Analisis Transaksi Akad Salam dalam Jual Beli Followers, Likes dan Viewers (Studi Kasus Pengguna Instagram Wilayah Makassar)

This study aims to identify and analyze salam contract transactions in buying and selling followers, likes and viewers of Instagram social media and the clarity of the object being transacted. This research is a qualitative research (fieldresearch) using a normative approach, phemonology, and case studies. The results showed several things. First, there is a discrepancy with the pillars and conditions of the salam contract, namely the object of the transaction. Buying and selling followers, likes and Instagram viewers do not fulfill the object of the transaction because of the obscurity of the object/item. Second, the object of the contract/goods contains an element of ambiguity due to the seller knowingly knowing and being aware that the object of the transaction is not pure with a mixture of active followers and passive followers which is proven to be of very different quality. Third, the existence of openness and dishonesty between the seller and the buyer, causing a violation of the provisions of the salam contract and the law of buying and selling in Islamic law.

Profit: Concept and Stipulations in Islamic Commercial Debt financing

The detailed fiqh rulings on financial transaction contracts, including forward sale contracts, provide the rules, controls and characteristics of permissible commercial debt financing and clearly defines the fundamental differences between it and ribā-based debt financing.

Formal Modeling and Verification of Smart Contracts with Spin

Smart contracts are the key software components to realize blockchain applications, from single encrypted digital currency to various fields. Due to the immutable nature of blockchain, any bugs or errors will become permanent once published and could lead to huge economic losses. Recently, a great number of security problems have been exposed in smart contracts. It is important to verify the correctness of smart contracts before they are deployed on the blockchain. This paper aims to verify the correctness of smart contracts in Ethereum transactions, and the model checker Spin is adopted for the formal verification of smart contracts in order to ensure their execution with respect to parties’ willingness, as well as their reliable interaction with clients. In this direction, we propose a formal method to construct the models for smart contracts. Then, the method is applied to a study case in the Ethereum commodity market. Finally, a case model is implemented in Spin, which can simulate the process’s execution and verify the properties that are abstracted from the requirements. Compared with existing techniques, formal analysis can verify whether smart contracts comply with the specifications for given behaviors and strengthen the credibility of smart contracts in the transaction.

How does experienced compassion influence community citizenship behaviour? The roles of psychological contracts and regulatory focus

This research conceptualises residents’ community citizenship behaviour (CCB) in a tourist destination through two dimensions: community citizenship behaviour directed towards tourism (CCBT) and community citizenship behaviour directed towards individuals (CCBI). Specifically, this research empirically examines the impacts of experienced compassion on both types of CCB, the mediating effects of relational contracts and transactional contracts, and the moderating role of regulatory focus. In brief, 564 residents in Sanya, China were approached in order to test the relationship among experienced compassion, psychological contracts, and CCB using cluster random sampling. An additional 343 participants were recruited online to complete a randomised experiment to establish causal inferences and to test the moderating mediation model. Results showed that experienced compassion can directly influence CCB. Experienced compassion can also indirectly impact CCB via psychological contracts. A promotion focus (vs. a prevention focus) amplified the mediating role of psychological contracts. Findings provide a fresh perspective on tourism support and offer actionable suggestions for destination managers and marketers.

Indonesian Legal Protection for Consumers on the Validity of Electronic Contracts in the E-Commerce Transactions

Currently, internet development grows rapidly which facilitates and eases various economic activities, especially e-commerce transactions, on a global scale. In 1996, the UNCITRAL regulated the e-commerce transactions, including e-contracts. The e-contract is one of the most relevant matters in e-commerce transactions, especially it is of importance for the consumers to avoid any unwanted situations. However, several problems arise for consumers in conducting e-commerce transactions, such as the asymmetrical bargaining power of the parties involved. In this sense, there is an urgency for the legal protections for consumers. The objective of this article is to understand the connection between consumers’ legal protection and e-contracts validity in e-commerce transactions. The research method used is the legal descriptive analysis through statutory and conceptual approach. This study analyzes the legal relationship between the legislations related to the e-contracts within e-commerce transaction in Indonesia, which are the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 19 of 2008 on Information and Electronic Transactions. Through a systematic appraisal, it argues that the current legal framework does not fully guarantee legal certainty for consumers in e-commerce transactions, such as on the obligations of producers and distributors to customers in the e-commerce transactions.

Research on Architecture of Digital Bond Trading Contract System Based on Blockchain Technology

The traditional identification method of the digital bond trading contract system is single chain identification. Due to a large number of digital bond trading users, single chain identification will affect the performance of the system in the trading process. Therefore, we aim to propose a digital bond trading contract system based on blockchain technology and study the system architecture. In this paper, the architecture of the bond trading system is optimized by using the technology of blockchain, and the software architecture is developed by using the technology of blockchain. Through the performance test of the system, the advantages of the system architecture in practical application are verified. Firstly, the overall hardware architecture of the system is designed, and the internal structure of the controller in the control layer is redeployed. Combining the Mork tree and Patricia tree, the data structure based on blockchain and the block header data structure of the transaction contract system are optimized. By analyzing the operation process of the smart contract, the process of the smart contract consensus algorithm is optimized. The system performance test results show that the performance of the designed system in system transaction throughput, transaction delay, and system security is better than the traditional system, which verifies the effectiveness and reliability of the designed system.

Price Strategy Analysis of Electricity Retailers Based on Evolutionary Game on Complex Networks

This paper analyzes the price strategy of electricity retailers in different trading scenarios. In our empirical work, we use the evolutionary game model based on the complex network to describe the information interaction relationship and game relationship between electricity retailers, and reflect the user’s switching behavior through the market share function. The purpose of our work is to study the impact of network structure, contract transaction, user’s switching behavior and strategy updating rules on the price strategy of electricity retailers by applying the evolutionary game model on complex network to the retail market. The results show that network scale, contract electricity, user switching degree and overconfidence level have important influence on the price strategy selection of electricity retailers, and these parameters should be maintained within a reasonable range in order to maximize the interests of electricity retailers and achieve the balance of retail bidding. By mapping the results of the game model to the actual policy and retail market, we believe that the evolutionary game model on network is a useful tool to analyze the competition of electricity retailers. More importantly, the conclusions can provide a reference for electricity retailers when choosing a retail price strategy and for future works which aim to analyze the development of the retail electricity market.

Psychological Contracts and Leadership: A Meta-analytic Investigation of Contextual Predictors

Psychological contracts have been established as an important predictor of employee attitudes, behavior, and health, but the potential antecedents of psychological contracts are not yet fully understood. Leadership is one of the contextual antecedents with a sufficiently large body of research that is suited for a meta-analysis. A meta-analysis of 93 investigations tested the relationship between leadership and psychological contracts. The results showed an overall clear positive relationship of both constructs. Specifically, several forms of leadership were found to be negatively correlated with breach and positively correlated with fulfillment. Relationships with relational and transactional contracts were not supported because of the small number of studies. The results indicate that many studies involve leader-member exchange (LMX) or breach. Future research should conduct more studies with other leadership themes, particularly emerging leadership theories, and with a focus on psychological contract contents.

The Military Covenant, Contractual Relations, and Social Cohesion in Democracies: Estonia as an Exploratory Case Study

The military covenant is a set of morally binding expectations marking the exchange between military, society, and the state. Its base is the military’s duality: like other large public institutions delivering services and its uniqueness in holding the monopoly over the use of legitimate organized state violence. The covenant is a form of relational (not transactional) contract based on trust between, and a long-term orientation of, partners; it both orders and displays these relations thereby offering both prescriptions for action and discursive means to legitimate them. The covenant can be used as an analytical (not normative) concept for theoretical development in three areas: social change and society-military ties, processual aspects of agreements between individuals and groups and the armed forces, and links between society-military ties and the social contract and social cohesion. We use the case of Estonia to illustrate the theoretical potential of the military covenant.

Istihsan Concept in Multi Contract Online Transactions of Go-Food Services in The Go-Jek Application

Technological developments are very influential on the lives of the world's people, one of which is used for business purposes or known as Electronic Commerce (E-Commerce). Several E-Commerce facilities such as online transportation, online payments, online shopping, are practical facilities that are in great demand by the public. As an online food delivery service known as Go-Food. Go-Food application transactions or food orders have several contracts (multi-contract). This research is a field research. The data collected is analyzed descriptively qualitatively, that is, describes as clearly as possible the related data, then concluded deductively, that is, draws conclusions from statements that are general to specific. So that understanding the research results can be easily understood and understood. Some of the contracts in Go-Food transactions are as follows: PT. Go-Jek and merchants. PT. Go-Jek with merchants is an ijarah agreement. Transactions between Pt. Go-Jek and Driver, a collaboration between Go-Jek and drivers and known as the cooperation system (Syirkah). Contract between the consumer and the driver, if the consumer makes a payment using his own go-pay system, the transaction that occurs between the two is buying and selling, but if it is in cash, then there is a wakalah contract, here it will also be a qardh contract because the consumer owes it to the driver. Contracts between drivers and merchants, there are buying and selling activities between drivers and merchants, buying and selling represented by the driver to the merchant, representative transactions like this in Islamic law are known as wakalah contracts. With the istihsan method, economic activities that provide convenience and good benefits without harm and injustice to mankind can be answered and proven by the istihsan method, so that sharia economic activities can always exist and can compete with conventional economics.

Kajian Hukum Islam tentang Rekening Bersama (RekBer) pada E-Commerce

<p align="center">In trading conducted online or better known as E-Commerce, there are many cases of fraud that occur. Until finally, a Joint account emerged as an alternative for safe online transactions. Based on the above background, this study aims to discuss the legal status of the use of joint account services and any contracts that can be used in Joint Account transactions (RekBer) in E-Commerce. This research is a normative legal research, while the specification of this research is analytical descriptive. The main approach taken is doctrinal. The results of this study are that in Islamic law the use of third party services in a legal transaction is permissible (permissible), while contracts in account transactions in E-Commerce can use a combination of salam contracts and wakalah bil ujrah or ijaroh a'mal contracts.</p>

REVISITING THE INTERPRETATION OF EXEMPTION CLAUSES Drifters Adventure Tours CC v Hircock 2007 2 SA 83 (SCA)

The influence of the Constitution on the enforceability of exemption clauses contained in contracts has received some attention in the recent jurisprudence and literature on the subject. (Tladi “One Step Forward Two Steps Back for Constitutionalising the Common Law: Afrox Healthcare v Strydom” 2002 2 SA Public Law 473-478; Young “Indemnification Clauses in Multiple Contract Transactions” March 2002 IBL 115-118. Van der Heever “Exclusion of Liability in Private Hospitals” April 2003 De Rebus 47-48; Richardson “Managing HIV/AIDS Impact No Easy Task; Interpreting an Indemnity Clause: Insurance” Jun-Jul 2005 Executive Business Brief 28-29; Hopkins “Exemption Clauses in Contract” June 2007 De Rebus 22-25; and Visser “Drifters Adventures Tours CC v Hircock [2006] SCA 130 (RSA)”2007 1 De Jure 188-193.) In particular, decisions of the Supreme Court of Appeal, the traditional upper custodian of the common law, have drawn much interest and criticism for their apparent failure to approach contractual issues from a constitutional perspective. The recent case of Drifters Adventures Tours CC v Hircock (2007 2 SA 83) provides a further opportunity to obtain some insight into that court’s approach in interpreting exemption clauses in contracts. This note endeavours to analyse the court’s approach and decision in the Drifter’s case against the background of the well-established traditional approach to contractual interpretation as well as recent cases which have raised the role of the Constitution with respect to exemption clauses. A further objective of this paper is to consider the impact of the court’s decisions on the wording which drafters of such clauses choose to use when seeking to protect their clients or themselves.

Determination of Smart Contract in Civil Turnover

Based on a systematic analysis of the general provisions of civil law on the forms of transactions, contracts and methods of performance of obligations, and doctrinal points of view on the essence of the smart contract as a product of digitalization conclusions are made that the smart contract has a complex and ambiguous legal nature, allowing to define it as a kind of electronic contract, a separate form of written transaction (contract), a way to fulfill an obligation. In the absence of its legal concept, it does not replace the traditional civil law contract. The subject composition and content of the smart contract is mediated by the scope of its application. We should not exaggerate the role and importance of smart contracts and expand the scope of their application outside of civil turnover.

SOSIALISASI TRANSAKSI SYARIAH DAN KOPERASI SYARIAH

One of the objectives of the establishment of Islamic financial institutions is to introduce sharia principles in the economic world. Officially, the Indonesian government has supported the existence of Islamic financial institutions in Indonesia by issuing a law as its official form. Sharia Financial Services Cooperative is a microfinance institution that provides sharia financial transaction services. Transactions in Sharia Cooperatives are based on Islamic jurisprudence so they are not widely known by people in general. Therefore, this Community Service aims to introduce the types of transactions that exist in Sharia Cooperatives so that people can choose the type of contract that suits their financial transaction needs. The method used in this Community Service is in the form of counseling or outreach to the Kaliabang village community with the results of the socialization of sharia transactions and sharia cooperatives showing an increase in the knowledge and understanding of citizens about contracts in Islamic sharia transactions and any sharia cooperative products based on these contracts.

When a backer is an expropriator: pitfalls in the consumer protection mechanism for off-plan building sales in Vietnamese law

PurposeTo motivate investments in housing projects, the state may allow private entities to mobilize capital through selling off-plan buildings and use proceeds to complete the project. The state senses the risks for consumers in these projects: frauds certainly occur. To safeguard consumers’ interests, the Vietnamese Government requires developers to obtain a bank's refund guarantee to sell off-plan. This paper aims to point out how consumers are marginalized due to the mechanism (mechanisms) dedicated to protecting them.Design/methodology/approachThe authors review the legal regulations in Vietnam, contracts in transactions on which they have given legal consultation (the authors leave the information anonymous for privacy issues), and real disputes exposed by newspapers re: off-plan sales.FindingsThis paper argues that the measure fails for two reasons. First, there are many weaknesses allowing banks to avoid this mechanism. Second, banks lend to developers, and as such, play the role of a secured creditor. In these situations, there is a conflict of interest between the bank's roles and between the bank and consumers. Moreover, Vietnamese law, by endowing banks the privilege of seizing and obtaining possession of collaterals, may put aside consumers' interests.Originality/valueBank's refund guarantee’ is a recent initiative of the Vietnamese Government, offered to safeguard consumers’ interests in off-plan sales. Issues arising thereupon have not yet been fully exposed, especially, in conjunction with a broad view of the Vietnamese legal system. The analysis and critiques offered by this study may have policy implications for other jurisdictions as well.

Dual effects of regulatory focus on work-related consequences: the mediating roles of psychological contracts

PurposeThis paper aims to examine the potential mechanisms through which regulatory focus influences employee work-related outcomes. The effects of a dual model of regulatory focus on job satisfaction and turnover intention were investigated through psychological contracts.Design/methodology/approachThe data of a survey of 370 recruits (306 male newcomers and 64 female newcomers) in a Taiwanese military recruitment center provided significant support for the hypothesized dual model.FindingsThe results revealed that regulatory focus was positively related to either job satisfaction or turnover intention. A relational contract mediated the relationship between promotion focus and job satisfaction, whereas a transactional contract mediated prevention focus and turnover intention.Research limitations/implicationsThe study results may not apply to other sectors because data were collected only at a military unit in Taiwan. Using Taiwanese military personnel may limit the generalization of the results to those unemployed in civilian samples or those in other countries. Samples from different countries are important to establish whether the results from the study apply to other situations. To the best of our knowledge, this is the first regulatory focus theory (RFT)-based study to report on the regulatory focus of newcomers as mediating the relationship between purposeful and work-related outcomes.Practical implicationsPrevious research has found that individuals with a different goal orientation may adopt different behaviors that result in different performance levels. The results here imply that newcomers with transactional contracts have intentions to leave their organizations and perceive their relationships with their organizations according to rational choice theory.Originality/valueNewcomers' distinctive self-regulatory systems and focus on meeting either nurturance or security needs were determined to get different outcomes following organizational entry. The results demonstrated that promotion-focused newcomers were satisfied with the military, whereas prevention-focused newcomers intended to leave within their first 18 weeks.

Smart Property and Smart Contracts Under Spanish Law in the European Context

This article analyses the civil and registry implementation of smart property in real estate in Spain from a European perspective. To this end, a general theory is developed for smart property in real estate and transactional smart contracts, paying particular attention to remedies and property acquisition. Based on the remedies suggested by Nick Szabo in his formulation of smart contracts and smart property, such as the smart lien and the property club, other remedies adapted to our Law will be proposed, due to the ineffectiveness of Szabo’s remedies in the Spanish context. In this regard, attention will be paid to the types of acquisition of real rights, the validity and effectiveness of transactional smart contracts, the remedies for breach of contract, and the modifications to registration that these remedies require. Smart real estate requires the tokenization of property and the linking of the digital asset with the real asset. For this purpose, the functions of tokens and the remote control of real estate, the tokenization of real tradition, and the implementation of property technology (PropTech), in particular, the Internet of Things, will be addressed. Finally, blockchainization of the registry will be examined from the perspective of the Land Registry Interconnection and the Interoperability Model for Land Registers (IMOLA) platform in the EU and Alastria Blockchain Ecosystem in Spain, as well as its legal adaptations regarding registry qualification and registry effects in terms of adverse possession.

The Mediating Role of Organisational Identification between Psychological Contract and Work Results: An Individual Level Investigation.

The aim of this article is to identify the relationship between the fulfilment of relational and transactional psychological contracts and work results, taking into account the mediation effect expressed in organisational identification. The empirical research was conducted on a group of 402 HR professionals responsible for designing and implementing HR practices in one of the leading companies of the Polish energy sector. Hypotheses were tested using the partial least squares structural equation modelling technique (PLS-SEM). Based on our research, we found that the implementation of both relational and transactional psychological contracts positively influenced the results achieved by HR professionals, both directly and indirectly, through the mediating role of organisational identification. The results indicate that the relationship between the psychological contract and work results is stronger when mediated by organisational identification. It plays an important role, especially in relation to the transactional contract. The collected results lead to the conclusion that organisations, wishing to increase the level of work results achieved by HR professionals, should as much as possible fulfil the expectations of employees and meet the commitments made to them within the framework of the established psychological contract. The study makes an important contribution to the understanding of the “priority” importance of organisational identification in enhancing the efforts of HR professionals to deliver work results that benefit both employees and the organisation.