Weak Bargaining Position Research Articles

The Compliance of Governance on Family Data Protection Regulation

Digital transformation has changed the way family data is managed and stored. The vulnerability of family data has become a serious concern due to the increase in data breach incidents. This research aims to analyze public compliance with family data protection regulations and the ideality of government governance regulations regarding family data protection regulations. This research uses normative legal research methods to analyze the comparison of family data privacy protection regulations between Indonesia and England. This research examines various legal guidelines and policies by applying legislative techniques and a conceptual approach. The legal system theory is used as an analytical framework to evaluate the effectiveness of regulations, law enforcement, and legal culture's influence on public compliance. Data was collected through a literature review of primary and secondary sources, including documents, archives, books, and scientific research findings. The research results show First, that family data protection regulations in England are first more standardized with a higher level of public compliance than in Indonesia. Secondly, Indonesia still faces challenges such as the weak bargaining position of data subjects, the absence of clear guidelines for data controllers, and the need for an independent oversight authority. This research recommends regulatory improvements, the establishment of competent authorities, and enhanced public education to strengthen Indonesia's personal data protection system, particularly family data.

THE BOLIVIAN ORGANIC QUINOA IN THE FAIRTRADE MARKET, IMPLICATIONS FOR THE WEAKEST LINK IN THE VALUE CHAIN: SMALL-SCALE FARMERS

<p><strong>Background: </strong>The fair trade model seeks to redress the imbalance of power in global supply chains. Unlike conventional trade structures, this commercial alternative purport to benefit small farmers and workers in developing countries. In the real world, however, small-scale producers are often excluded from the benefits. <strong>Objective</strong>: To analyzes organic Bolivian quinoa as a Fairtrade product and the impacts and challenges that Bolivian quinoa farmers face in the marketing chain. <strong>Methodology: </strong>A documentary analysis of the production system, application of qualitative techniques with local actors involved in the supply chain of Bolivian quinoa, and field work in regional markets were carried out. <strong>Results</strong>: The economic conditions of smallholder quinoa producers are improving under this certification system. However, global oversupply and increased competition are having a significant impact on retail prices and Bolivian sales to foreign markets. The retail price is more than a third higher than the Fairtrade price, maximizing profits at the expense of fair trade. <strong>Implications</strong>: Organic and Fairtrade certified Bolivian quinoa may not be a suitable product for the Fairtrade model. Being a landlocked country and commercial competition from Peru are the two main challenges for small quinoa producers. <strong>Conclusions</strong>: The Bolivian organic Fairtrade quinoa value chain involves several intermediaries, similar to conventional trade. Organic certification is a time-consuming and costly process because farmers cannot cover the costs. The almost non-existent governance structures imply that most decisions are based on the buyer-driven commodity chain, demonstrating the weak bargaining position of farmers. An alternative certification for small quinoa producers could be the Small Producers' Symbol label.</p>

Non-compete agreements, innovation value and efficiency

Non-compete agreements help protect business investments by restricting worker mobility, thereby increasing firm incentives to invest. Yet, they could damage the efficacy of such investments by reducing employee incentives and hampering knowledge flows. Exploiting staggered reforms of state non-compete enforcement, I find that patents filed after an increased enforceability are less valuable and exploratory despite no less R&D spending. Inventors whose job prospects are more jeopardized, in a weaker bargaining position, and having greater incentives to switch firms produce patents with greater valuation losses. These results imply that labor allocative inefficiency owing to mobility restrictions could compromise value creation from real investments.

Wage Bargaining Power of Internal Migrant Workers: Evidence from Urban Labor Market in China

This study analyses the wage bargaining power of employers and internal migrant workers in the urban labor market in China using a two-tiered SFA model. The findings indicate that bargaining power decreases the observed wage relative to the benchmark wage which is associated with worker’s actual productivity. The availability of migrant labor is identified to be a key variable in the wage bargaining process. This study reveals that the migrant workers who obtain jobs via informal job search methods stand in a weak bargaining position relative to those using formal search methods which is consistent with limited choices hypothesis. Additionally, the migrant workers in the manufacturing and construction industries or producing and processing occupations extract surplus nearly identical to other groups.

Precarious employment and mental health in the Belgian service voucher system: the role of working conditions and perceived financial strain.

Jobs in domestic cleaning are often conceived as 'precarious employment' (PE)-i.e. a multidimensional concept referring to accumulated adverse characteristics of employment due to workers' weak bargaining position. Against this background, the Belgian service voucher system (SVS) was implemented aimed at creating formal and stable, subsidized domestic services jobs. The current study assesses the relationship between PE and mental health (WHO5) in the Belgian SVS, accounting for the potential mediating role of working conditions and perceived financial strain at the household level. We analysed a cross-sectional sample of 1,115 Belgian SVS domestic cleaners, collected in 2019 through an online survey. A mediation model was estimated. The crude effect of PE on adverse mental health was strong (ß 0.545-S.E. 0.063). However, 50% of the association between PE and mental well-being was mediated by work task characteristics (quantitative demands, physical demands, task variation and autonomy) and 25% by household-level perceived financial strain. The remaining direct effect of PE on adverse mental well-being is ß 0.066 (S.E. 0.032-25% of the total effect). These findings are the first based on the Belgian Employment Precariousness Scale (EPRES-BE) and are consistent with earlier-made-but seldom simultaneously tested-assumptions on the mechanisms relating PE to adverse mental health-i.e. involving direct associations and indirect associations via adverse working conditions and material deprivation. Based on the results, we recommend more democratic and higher-quality management practices in the SVS, in addition to higher wages and working time reduction.

Is the Post-Reformation System of the Indonesian Government a Parliamentary Form?

Indonesia's democratic government system has experienced ups and downs based on history, where at the beginning of independence Indonesia used a presidential system, then changed to a parliamentary and then returned to a presidential system. The reformation period was a milestone in changing the government system where previously the president was elected by the MPR as the highest state institution to switch to direct presidential elections carried by a party or a coalition of parties - due to the existence of regulation on the threshold for nomination (parliamentary threshold) - but to maintain the implementation of the presidential campaign promise to establish a coalition of parties supporting the government which has an impact on the role of the People^s Representative Council only as a stamp of government interests. The problem in this study is how the presidential system exists in the post-reform Indonesian government system. The form of the research method used is normative juridical with a statutory approach and an analytical descriptive approach that examines primary and secondary legal materials, besides examining the synchronization and harmonization of law. The conclusion is that the current Indonesian government system tends to be parliamentary. This is due to the weak bargaining position of the DPR in supervising the running of government because the majority of DPR members are supporters of the government, while the opposition forces are unequal with the majority, which prioritizes the most voting system over consensus deliberation for the benefit of the people. so that checks and balances - separation of powers - turned into a division of powers - dividing power.

Marketing Channel Analysis, Marketing Margins, and Farmer's Share Cinnamon Commodity in Sungai Penuh City, Jambi Province, Indonesia

The cinnamon commodity is quite significant in the economy of Sungai Penuh City, but farmers have not felt its role in improving welfare. The fundamental problems faced by cinnamon farmers in Sungai Penuh City are the weak bargaining position of farmers in the pricing process due to lack of access to price information, the attachment of farmers to collecting traders, and the limited ability of farmers to develop processed cinnamon products allegedly resulting in farmers only getting a small profit from sales. Traders, collectors, and exporters process more to meet domestic and foreign market demand. For this reason, an analysis of the existing condition of marketing margins and farmers' share of cinnamon commodities in Sungai Penuh City is needed. The purpose of this study is to analyze cinnamon marketing margins between farmers, collecting traders and exporters in each marketing channel in Sungai Penuh City, analyze the amount of farmers share obtained by farmers in each cinnamon marketing channel in Sungai Penuh City, and analyze cinnamon marketing functions in the form of physical functions, exchange functions and facility functions between farmers, Collecting traders and exporters in Sungai Penuh City. To answer the study's objectives, the author uses marketing margin analysis methods, profit margin analysis, farmer's share analysis, and marketing function approaches in physical, exchange, and facility functions. This research method uses a qualitative descriptive approach, and the informants in this study are determined by purposive sampling. The results showed that as many as 60 percent of cinnamon farmers in Sungai Penuh City chose and 40 percent chose the two-actor marketing channel. In contrast, the cinnamon marketing channel involving three marketing actors showed that the marketing system was inefficient. In contrast, the cinnamon marketing channel involving two marketing actors showed that the cinnamon marketing system in Sungai Penuh City was efficient.

Peningkatan Nilai Tambah Olahan Bawang Merah dengan Konsep Pengembangan Ekonomi Lokal di Kecamatan Toroh Grobogan

The local economy is currently a major issue in community development. Develop the local economy based on its potential to be developed into products of outstanding quality in the region. Purple onion is a local brainchild found in Toroh district. The abundant supply of chives is inversely proportional to the weak bargaining position due to the oversupply that occurred during the main harvest. This causes the price that farmers receive to decrease. Farmers have not been able to turn purple onions into processed products with high economic value. In fact, farmers do not have the necessary knowledge and skills to produce products processed from chives. Training on diversifying products made from chives may be a suitable solution to overcome this problem. The goal of this community service activity is to help optimize the potential of local raw materials in the form of chives to transform into products with high economic value. The method applied is a participatory method with a local economic development model that includes many stages, specifically meetings with representatives of farmer groups, Focus Group Discussions, training on production products, partner support, and monitoring and evaluation. Based on the results of the training, it was found that the local potential of onions, previously untapped, can now be optimized by farmers by producing processed products from chives. The processed products produced are fried shallots and pancakes made from dried shallots.

Aspects of Justice in Business Contracts Force Majeure Study on Franchise Agreements in the Covid-19 Period

The agreement, in essence, is an agreement, characterized by meeting the will (meeting of mind, mutual assent) of the parties to achieve an agreed goal in order to provide the maximum possible benefit for the parties. As a conclusion, justice has not been achieved for the parties, especially the franchisee, due to the very strong bargaining position of the franchisor, which is not balanced when comcpared to the weak bargaining position of the franchisee. This has an impact on the contents of the contract which is fully made by the franchisor, which of course tends to provide the greatest benefit to the franchisor. Force majeure or force majeure can be in the form of earthquakes, fires, floods, landslides, wars, military coups, embargoes, epidemics, and so on. During the corona pandemic, which is currently hitting all parts of the world, of course it has an impact on the implementation of a business contract. This paper examines force majeure in an agreement that occurred during the corona virus pandemic which cannot automatically be used as a reason for canceling a business contract, but can be used as a way to negotiate in canceling or changing the contents of the contract.

Efisiensi Saluran Pemasaran Sapi Potong Peternakan Rakyat di Kecamatan Soko Kabupaten Tuban

Beef cattle farmers in Soko District are still based on prices from intermediary traders because there is no benchmark price from the government, so farmers have a weak bargaining position. The purpose of this research was to determine the level of marketing efficiency of beef cattle in the marketing channel. The study was conducted in Soko District, Tuban Regency, with 60 respondents consisting of 43 breeders, 14 collectors, and three slaughters. The research was conducted from March to June 2022. A sampling of breeders was carried out by purposive sampling, and snowball sampling was carried out to identify the marketing channels. The analysis was done by identifying marketing channels and functions, analyzing marketing margin, farmer's share, marketing efficiency, and profitability index on each marketing channel. The study results showed that there are two models of marketing channels. The first model is called model A, a marketing channel for cattle, and model B, a marketing channel for beef. The marketing channel for the cattle, channel I Model A, is the most efficient. In contrast, the marketing channel for the meat, channel I Model B, is more efficient than Channel II Model B. Based on farmer's share calculations and marketing efficiency, the four marketing channels are efficient because has a farmer's share value of >50% and marketing efficiency of <5%. Breeders are advised to choose the shortest channel in marketing beef cattle. Beef cattle at a young age can be sold through channels I model A and II model A because these channels are already efficient according to margin analysis, farmer's share, marketing efficiency, and profitability index. For beef cattle with mature ages, breeders can sell directly to slaughters such as channel I model B so that breeders can get maximum profits.

Aspek Keadilan Dalam Klausula Baku

Banks in carrying out credit provide a credit agreement in which standard clauses of standardization have been set by the bank. A standardized agreement means that the contents of the agreement are certain, then the party who standardized the agreement provides a printed form which is then given to the consumer or debtor for approval. With this, the debtor cannot negotiate beforehand about the contents that have been stated in the form and can only agree or not regarding the content of the agreement. Standard clauses are contained in Article 1 paragraph (10) of the Consumer Protection Act which contains: “Standard clauses are any rules of provisions and provisions that have been prepared and determined in advance unilaterally by business actors as outlined in a document and/or a binding agreement and must be met by consumer. The position of the bank that i higher than the debtor from an economic and social perspective must have legal protection that regulates it in order to achieve justice for all parties with a stronger bargaining position tends to dominate the party with a weaker bargaining position. This imbalance requires legal intervention to provide firm legality of legal products.Keywords : Credit Agreement; Standard Clause; Consumer Protection.

Compost fertilizer business supply chain management strategy for stability of potential added value of waste raw materials in Jambi province, Indonesia

This article describes strategies and policies for compost development based on the potential value-addition (VA) of waste raw materials and the problems faced in the supply chain. This research, which was conducted in the central area of smallholder oil palm plantations in Jambi province in Indonesia, is important because it is an integral part of the oil palm farmer's household independence efforts in the face of temporary income loss during the oil palm replanting program. In general, this study aims to develop a supply chain management strategy to maintain added value stability by ensuring the availability and price stability of the supply of waste raw materials, and product marketing policies in dealing with a single buyer (monopsony market). The data collected consisted of group historical data, interviews, and participatory observations. The method of analysis was descriptive based on data analysis using a value-added approach in a supply chain management framework. The research results show that: 1) the compost developed is not only able to provide VA but also encourages an increase in the selling value of the waste, 2) varies VA of is waste influenced by the price factor compared to the proportion of its use, 3) the VA is quite sensitive to changes on output price. The problem encountered in the downstream supply chain is the increase in the price of raw material for solid waste in cowsheds due to the gap between demand and supply. The level of availability of raw materials for cowshed solid waste depends on efforts to accelerate livestock population growth, such as through the implementation of sharia-based profit-sharing investments. In the upstream supply chain, the weak bargaining position of compost entrepreneurs due to the monopsony market has caused output prices to drop dramatically. The monopsony market that is faced has resulted in the low bargaining power of the compost business groups in price negotiating. Based on the findings, it can be concluded that government intervention is urgently needed to encourage the development of organic crop cultivation to create a more diversified market demand for compost. Key words: compost, organic, palm oil, raw material, solid, strategy, waste

Cultivation System and Marketing Chain of Nutmeg in East Seram District, Maluku Province, Indonesia

Nutmeg is one of the leading plantation commodities in East Seram Regency, Maluku Province, Indonesia. The nutmeg cultivation system in East Seram Regency is still conventional with an inefficient marketing system. The research aims to obtain data and information on the cultivation system and marketing chain of nutmeg in East Seram District. The research was carried out during the nutmeg harvest season in 2021 using a survey method. The research was conducted in three sub-districts in East Seram District, namely Tutuk Tolu Sub-District (Danama Village), Kian Darat Sub-District (Kileser and Rumfakar Villages), and Bula Barat Sub-District (Dreamland Hills Village). The research was carried out through structured interviews with nutmeg farmers and collectors. Respondents of nutmeg farmers were selected by purposive sampling as many as 20 nutmeg farmers so that there were a total of 80 respondents. The results of the study were informed that the nutmeg cultivation system in East Seram Regency was still conventional, especially in Tutuk Tolu and Kian Darat Districts. Nutmeg farmers have a weak bargaining position in the marketing system because prices are fully determined by collectors

The limited judicial discretion to redistribute property in marriages out of community of property: Revisiting feminist arguments on intersectionality, women’s work and choice

Section 7(3) of the Divorce Act 70 of 1979 gives courts a discretion to deviate from antenuptial contracts in marriages out of community of property without the accrual system, if it would be just to do so, because one of the spouses contributed to the growth of the other spouse’s estate. This is known as the discretion to make a redistribution order. However, when the provision was enacted, this discretion only applied to civil marriages concluded before 1984. Gradually, however, the discretion was extended to other forms of marriage and to some civil marriages concluded after 1984. This article argues that the failure to extend the redistribution discretion to all marriages impacts disproportionately on women and constitutes impermissible discrimination on the basis of gender. It does so because the seemingly neutral statutory limitation on redistribution orders operates in a social context which is deeply marked by structural gender inequalities. These, in turn, mean that many women tend to be in a weaker bargaining position than men with respect to the terms of antenuptial contracts and whether spouses enter into such contracts at all. Moreover, women’s disproportionate responsibility for childcare and other domestic tasks usually has a negative impact on their ability to generate income and grow their own estates, while often enhancing those of their husbands. The failure of the law to take account of actual inequalities between men and women means that the current position discriminates indirectly on the basis of gender and there is no legitimate government purpose which justifies this discrimination.

Nature of a film contributing author’s ‘right to royalty’ under Indian copyright law: an analysis

In the Indian film industry, authors contributing to films have for decades been powerless to secure for themselves a fair remuneration from producers that is commensurate with the utilization of their works, predominantly due to their weak bargaining position. Amongst other objectives, it was to address this anomaly that the Indian copyright law underwent extensive changes in the year 2012 and established a new statutory ‘right to royalty’ in support of authors. This article sheds light on the nature of this legislative solution, which India has adopted through amendments to ss 18 and 19 of the Copyright Act 1957, and briefly touches upon its effectiveness in meeting this objective. The article largely relies on legislation and studies from the European Union to conclude that the nature of the right to royalty provision introduced within the Indian copyright law framework is akin to a ‘residual remuneration right’, which amalgamates the benefits of an exclusive right and a remuneration right, thus balancing the interests of both producers and authors. Nonetheless, it is felt that the existing provision may require more textual clarity for the model to become effective and to safeguard the remuneration interest of authors. Since the Indian government has begun consultations to further amend India’s copyright law, this is an opportunity to not only identify the shortcomings in the law but fill in the gaps where necessary.

Artist Resale Right: Should Botswana Codify?

The Artist Resale Right (ARR) entitles a visual artist to a certain percentage of income generated from the resale of their artwork in the secondary market. Historically, resale royalty initiatives were motivated by a romantic notion that artists are so poor and in such a weak bargaining position that they deserve special legal protection. Arguments have since advanced from the notion of the ’starving artist’ to now citing the copyright protection deficiency that exists between the protection of multiple copy artists and visual artists. There has been advocacy from artists and politicians albeit not in collective voices for Botswana to codify ARR. This paper evaluates whether Botswana should provide for ARR in its laws and further guides lawmakers in considering such legislation. Specifically, this paper points out that many countries that have codified ARR have not implemented it. It attributes the lack of or delayed implementation of ARR to the information deficit, otherwise referred to as the asymmetry problem, that pervades the ARR practice. This asymmetry problem denies policymakers and other stakeholders a chance to establish the efficiency of ARR. The majority of arguments surveyed in this paper are at loggerheads, with each side raising strong valid points. This paper notes that the insignificant size of the Botswana art market is likely to eclipse the potential benefits promised by ARR. However, the authors conclude that Botswana should codify ARR based on the notion of redressing the copyright protection deficiency faced by visual artists as compared to other categories of copyright owners.

Analisis Pemasaran Pinang di Kabupaten Bireuen, Provinsi Aceh

Indonesia is the fifth largest areca producer with a land area of ​​137,600 ha in 2015 with a production of 47.000 tons and a productivity of 0,34 tons/ha (Directorate General of Plantations, 2016). Aceh Province is one of the centers for areca cultivation in Indonesia. Areca is a commodity that is mostly cultivated by farmers in Bireuen Regency. So that, this commodity has an important role in the life of farmers in Bireuen Regency because their income depends on the areca cultivated. Generally, the weak bargaining position of farmers is due to the lack of market access and market information. Different price levels received by farmers will create marketing margins. This study aimed to identify and analyze areca marketing and analyze the operational efficiency of areca marketing in Bireuen Regency, Aceh Province. Qualitative descriptive analysis was used to analyze areca marketing channels. Meanwhile, quantitative analysis is used to measure the efficiency of areca marketing by using marketing margin analysis, farmer's share. The results showed that there were 3 marketing channels in Bireuen Regency which involved three marketing agencies, namely village collectors, sub-district collectors and wholesalers. There are 38 farmers (66,67 percent) that chose the first channel (Farmer – Village Collector Traders – Wholesalers). When viewed from the lowest margin (Rp 5.975,00/Kg) and the highest farmer's share (65,37 percent), the relatively efficient marketing channel is channel 2, namely Farmers-Wholesales. In the areca marketing, it appears that there is no institutional role at the farmer level in increasing the bargaining power of areca farmers in Bireuen Regency. Therefore, it is necessary to strengthen the role of farmer level institutions in the processing and marketing of areca in order to improve the bargaining position of areca farmers.

Implementation of Strategic Planning in Regional/ Municipal Governments, Obstacles and Challenges

This article discusses strategic planning implementation of the public sector within Indonesia’s hierarchical administration system. Many studies on public sector strategic planning have been carried out both at the national and local levels. However, the disclosure of various obstacles and challenges in the implementation of strategic planning at the local level is still partial and sectoral. A qualitative strategy was used to explain this phenomenon with participatory observation in 69 regency/municipalities as the main data collection method, in addition to document analysis and in-depth interviews. The key findings from this article are that many strategic planning documents are a mere formality, are not strategic, and are not referred to in executing development activities. The challenges in strategic planning implementation were identified as being poor information and data quality and quantity, weak bargaining position that regencies/municipalities have against higher tiered administration, limited capacity of mid-level managers, limited capacity of planners, formal engagement of stakeholders, and unconducive political environment. Improvement of the evaluation model based on the achievement of outcomes, reducing the ministry's sectoral ego, improving the capacity of evaluators and the need for the involvement of other parties such as credible universities will create a multiplier effect for all stakeholders.

Self-empowered Palm Oil Small-holder Farmers: The Case of Tani Subur Cooperative, Kotawaringin Barat, Indonesia

Academic discussion on palm oil business in Indonesia mostly shares us stories about community’s powerlessness vis a vis the corporation and the state. The powerlessness is depicted through the lost land, the fragmented farmers, and the weak bargaining position of the farmers before the corporation dealing with the crop price, Syahza and Asmit (2019) and MCCarthy and Cramb (2009) argue. This research is based on interview and observation in “Tani Subur” Cooperative, Pangkalan Tiga, Kotawaringin Barat, Central Kalimantan, Indonesia, known as transmigration area in the district. The experience of Tani Subur Cooperative farmers told us the different story of smallholder palm oil farmers who try to build solidarity amongst community to strengthen farmers’ ability to join in the business. Despite challenges and difficulties, Tani Subur cooperative has succeeded to be an alternative for farmers to have better life and earning through the development of various businesses, owned and run by community.

The Disproportionate Rights and Duties of the Insurer and the Insured in Fiji

Much judicial and academic ink has been spilled over pre – and post-contractual rights and duties of insurer and insured, and it continues to flow, even now. Due to a lack of specialized knowledge and skills, policyholders are always in a weak bargaining position when proposing insurance (Qing Luo, ‘The Legal Protection of the Insured: a comparative study of Chinese, UK, and Australian Insurance Law’, Doctoral Thesis, City University of Hong Kong, CityU Scholars, 14 July 2006, 1, (accessed 25 August 2021, 2:20 pm FST) https://scholars.cityu.edu.hk/en/theses/the-legal-protec tion-of-the-insured(8b392fcd-0a72-4591-81ce-9fced f2a7feb).html). The insured is further disadvantaged because the insurer will only be prepared to enter into a contract of insurance upon its terms; and not tailor-make policies to suit the needs of the insured. Hence, the insured has no choice but to accept what is being offered. The insured is further embraced by the fact that insurance regulations generally protect the insurance industry and the insurer and impose heavy responsibilities on the policyholder. This article is a critical examination of the rights and duties of insurers and insured, vis-à-vis good faith, contracts of insurance, and settlement of insurance claims. The biggest challenge facing the insurance industry is the lack of consumer protection. The regulators of the industry should ensure that insurance regulations perpetrate fairness. Consumer, Inequality, Insurance, Regulation, Scheme