Jurnal Penelitian Dinamika Sosial
ISSN 1411-6383
Vol. 7 / No. 3 / Published : 2008-12
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Original Article :
Business process outsourcing (bpo) agreement concer-ning the utilization of small industries
Author :
- Fifi Junita*1
- Gianto Al Imron*2
- Fakultas Hukum Universitas Airlangga
- Fakultas Hukum Universitas Airlangga
Abstract :
ABSTRACT The purpose of this research are analize the legal relationship of Business Process Outsourcing (BPO) agreement and analize the utilization of small industries by the implementation of BPO contract. This research is a normative legal research. The research uses primary legal data and econdary legal data which are analyzed and described qualitatively. Research results show: Firstly, BPO can be catogorized as a service contract. The legal relationship is came about between customer and service provider. As a service contract, the scope of works which is being outsourced should be defined clearly in the contract. Thus, the BPO provider can qualify their responses by maintaining their performance based on contract. In order to protect the customer of BPO provider, there should be a claw back clause in a business process outsourcing contract. This mainly because it can impose liability on the BPO provider to pay back BPO costs to the customer. Secondly, BPO can also be categorized as a strategy of small industries utilization in Indonesia. It is mainly because it can create partnership between BPO providers and customers. In addition, outsourcing strategy can expand and shared service to small industries and supporting industries. However, BPO strategy should be followed by the improvement of skills and Information Technology capabilities among small industries in order to compete with foreign service providers in the global outsourcing era. In addition, there should be some regulations concerning BPO in order to create legal certainty and fairness of BPO practices.
Keyword :
BPO agreement, the utilization of small industries,
References :
Junita, Fifi & Gianto Al Imron,(2001) Aspek Yuridis Pemberdayaan Usaha Kecil yang Bergerak di Bidang Pengadaan Barang dan Jasa Instansi Pemerintah Surabaya : LPPM UNAIR
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