Prospective Direct Selling Industry
Compass, 21 April 2016
JAKARTA, KOMPAS – direct sales industry is considered quite prospective to grow further in Indonesia. It is supported by the demographic bonus population predominantly young and productive age and the development of middle class in Indonesia.
“About 70 percent of Indonesia’s population of productive age. Conditions like this are rare. Japan never experienced in 1950 and were able to use the momentum of the large number of productive age, “said Chairman of the Direct Selling Association of Indonesia (APLI) Djoko Hartanto Komara, Wednesday (20/4), in Jakarta.
Bonus demographics in Indonesia is estimated peaked in 2030 before declining. One of the challenges facing Indonesia from the demographic bonus is 60 percent of the population of productive age are not ready to work.
“In addition to the level of welfare, the direct selling industry could be one of the answers to improve human resources because no training at all levels,” said Djoko.
Referring to data from the World Federation of Direct Selling Association, the total value of the direct selling industry worldwide in 2014 amounted to 182.823 billion US dollars.The transaction value of this direct sales rose about 14 percent compared with the previous year.
However, the contribution value of the direct selling industry is not evenly distributed.The five largest contributor in the global direct selling industry is the United States, which contributes about 19 percent, China 17 percent, Japan 9 percent, South Korea 9 percent, 7 percent and Brazil.
Value of Rp 12.6 trillion
In 2014, the direct selling industry in Indonesia involves about 11.74 million direct sellers. The average annual growth of the direct selling industry in Indonesia 2011-2014 period amounted to 11.3 percent. “The value of direct selling industry in Indonesia in 2014 about Rp 12.6 trillion,” said Djoko.
Djoko said, APLI has proposed that the article on the prohibition of money game or pyramid schemes included in Act No. 7 of 2014 on Trade. This is because the pyramid scheme is often equated with the practice of direct sales. This makes direct sales penetration becomes constrained.
Head of Public Relations APLI Andam Dewi said that in Indonesia is estimated there are more than 300 companies engaged in the direct sales industry. About 200 of these companies already have a business permit direct sales (SIUPL). A total of 86 direct sales company is a member of APLI.
“Today APLI continue to socialize and educate people about the direct selling industry and the difference with the money game,” said Andam Dewi.
Cel record eight traits legal direct sales. First, the company must have a legal direct sales and marketing authorizations SIUPL products issued Agency for Food and Drug Administration, Department of Health, and others.
Second, each company must have a legal direct sales of products traded or sold. Third, business schemes emphasized on product sales and not a ranking.
Fourth, commission payments based on product sales and not the quantity of recruitment. Fifth, a member of the direct selling industry can still earn revenue from the sale of products even without recruiting.
Sixth, legal direct sales companies have a rational system of product returns. Seventh, the products traded direct sales company has a fair market value. Eighth, the product is worth more to attract purchased or consumed by the general public.
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If at this time in Indonesia we know APLI (Direct Selling Association of Indonesia) as of shelter companies – companies DS / MLM in running a business, it is much earlier, precisely in 1984, the organization was first established is IDSA (Indonesia Direct Sales Association) was established by Mr. Eddy Budhiman. When you first set up the IDSA (Indonesia Direct Sales Association), Mr Eddy Budhiman still joined at PT. Tigaraksa.
Since the 1970s, Mr. Eddy Budhiman always represent Indonesia and PT. Tigaraksa to attend the meeting – an international meeting organized by the World Federation of Direct Selling Associations (WFDSA) annually to discuss the development and progress of the direct selling. It was several times Mr Eddy Budhiman requested and was appointed to be a representative association of direct sales in Indonesia, and several times he refused anyway.
Over time, and at the request of
Mr. Robert King, Chairman of WFDSA, finally in 1984, Mr. Eddy Budhiman agrees and undertakes to become the founder and Chairman of IDSA (Indonesia Direct Sales Association).
Mr. Eddy Budhiman also initiated the establishment of the IDSA in Indonesia by creating a logo IDSA, which is still used by APLI. At IDSA logo, Mr. Eddy Budhiman use Borobudur temple which is intended to highlight the identity of Indonesia. And Borobudur itself is shaped like a triangle that positions it pursed. This form is intended as a hope that all members – members can be united in a single destination point.
At its inception IDSA consisted of only five companies, namely three books company, 1 company lingerie and AVON. Then it was followed by CNI and Oriflame. At that time, the task of IDSA itself at the time was serving and helping the company – the company DS / MLM to open a company in Indonesia. IDSA initial run is not easy because first, the company – the company DS / MLM still think of a reason why you should join the IDSA. In addition, will be charged a membership fee to become members of IDSA and will be bound by the code of conduct sales in accordance with the rules IDSA.
Back to the 1980s. Narrated by Mr. Eddy Budhiman, when the company – the company DS / MLM very chaotic. Recruitment – recruitment conducted by the company – the company DS / MLM very public force to finally get a bad image. Because of this unrest, the IDSA finally implement the code of conduct even stricter to cope naughtiness that made firms DS / MLM first. This makes it increasingly difficult to attract businesses IDSA DS / MLM to join as members.
During led by Mr. Eddy Budhiman, IDSA has no stewardship as it is today in APLI. Everything was done by Mr. Eddy Budhiman as Chairman and Mr. Yusuf from Britannica Book Company as Vice Chairman. 5 members of IDSA finally grown to 54 members registered.
Until finally in 1992, Mr. Eddy Budhiman divert management of IDSA to Mr. Helmy Attamimi who served as Chairman until 2012 and now an adviser APLI.
Memories Exclusive Interview with
With hard work and cooperation, hopefully many insurmountable challenge. Hopefully!”
Thus roughly piece of sentence we remembered from an interview with Mr. Helmy Attamimi (Alm), a well-known figure in the world of Multi Level Marketing, which until the end of his life he actively serves as an advisor APLI.During his lifetime he was a father who apply discipline to their children and also a successful entrepreneur running a business entrusted to him.
APLI (Direct Selling Association of Indonesia) was established in 1984. Starting from visits made by Mr. Eddy Budiman who was then serving as Chairman of the IDSA (Indonesia Direct Sales Association) to the office where he was to be the beginning of work both meetings. This relationship continues because at that time the company he has been a member of IDSA.
Over time, Mr. Eddy Budhiman felt it was time IDSA was reformed. Therefore, Mr. Eddy Budhiman mandates the position of Chairman of IDSA to Mr. Helmy Attamimi.
As the new Chairman, Mr. Helmy Attamimi WFDSA attend the annual seminar held in Berlin in 1993. There, he realized that the association in India was using the same name, IDSA (Indian Direct Selling Association). India has long joined WFDSA and any introductory language is English so that India is entitled to use the name of the IDSA.Therefore, returning from Berlin, Mr. Helmy Attamimi think of the name of what is right to replace the name of IDSA. After much thought and discussion, to evoke a sense of nationalism and pride in Indonesian language, it was decided IDSA turned into APLI (Direct Selling Association of Indonesia) as the proper name to replace the IDSA (Indonesia Direct Sales Association). Although the name has been changed to APLI IDSA, but continue to use the logo used IDSA logo.
At its inception APLI, Mr. Helmy does not necessarily accept the position becomes Chairman. He was still trying to find people who have been called to run and raise APLI future. Several times he tried to offer the role to some people, but it was rejected on the grounds bustle and the weight of responsibility of each. Because of the many who reject this offer, then finally by members of the association he was appointed as Chairman and continued to perform his duties as Chairman of APLI to be great as it is now.
Establishment APLI not be at all easy in the beginning, a lot of internal and external issues that must be addressed and takes many years. As Chairman of APLI, who served for 20 years, a lot of rumor / rumor uncomfortable about his position is not replaceable. Therefore, Mr. Helmy want to organize a democratic system in the election of the Chairman. But apparently, he was always elected and trusted again became Chairman in succession to 20 years.
There is one interesting his statement, namely that MLM is part of the direct selling and not vice versa. Mr. Helmy also stressed the importance of the code of ethics in the world of MLM.
If we ask him about what the most formidable challenge for the lead APLI, then the answer is very short, “when it makes it all one and the prevention of conflict”. That applied late for 20 years at the helm APLI. As a result, APLI has now developed into a very strong organization.
Along the way he was raising APLI for a period of 20 years, many things have produced him for the development of MLM companies / DS in Indonesia. One of the remarkable things that in doing it is the ability to unite with the Government so that APLI issued Decree # 32 of the MLM / DS. It is inversely proportional to the situation abroad, where MLM / DS is still at odds with the government.
Goodbye Mr. Helmy Attamimi. His services for APLI and industry developments DS / MLM will continue to be remembered.
Exclusive Interview with
NN (Network News): It is an honor to interview one of the founders APLI. As far as the development of APLI for 30 years Mr. Koen is located in the direct selling industry in Indonesia. How Mr history with APLI?
KV (Koen Verheyen): I joined Oriflame in 1986. At that Oriflame is the first MLM in Indonesia. In March 1986 in Indonesia there are only a few companies selling direct. At that time, Oriflame is still searching for an association that houses the direct selling industry in Indonesia.Subsequently I joined the IDSA meeting (Indonesia Direct Selling Association) in Chase Plaza, which houses the office of Mr. Eddy Budhiman APLI first chairman. Since the first meeting of IDSA, I was invited to follow its staff. I delegated as its Public Relations. This event is already almost 30 years ago so I’ve kinda forgotten what the details. But certainly when it structurally still not clearly organized, a meeting has not been scheduled on a regular basis.
In 1987, following the World Congress WFDSA IDSA (World Federation of Direct Selling Associations) in Singapore. This is an excellent opportunity to participate because of its close location. At that time I went with Mr. abrian Nathan (CNI), Mr Eddy Budhiman, and several other officials. Chairman WFDSA that time Mr. Suzuki of Japan on the Patterns Cosmetic later at the World Congress was replaced by representatives of MLM Natura from Brazil. The more the next World Congress held in Latin America.
NN: the most serious challenge that moment what sir?
KV: There is nothing to understand direct selling. There are no regulations governing the industry. In fact there has been no government intervention.
NN: What is the process to change the name of IDSA be APLI and when does it happen?
KV: At World Congress WFDSA in Berlin, Germany in 1993 there is a board of all members throughout the world. There are two IDSA namely India and Indonesia. At that moment there was a movement to use Indonesian as a brand. Since then, the name changed into APLI IDSA. IDSA officially became APLI since 1994.
NN: In the first 10 years of any activity APLI?
KV: Ten-year APLI activities focus more towards internal problems with the objectives of the company are subject to legal protection in Indonesia to maintain the confidence of the government. When the members are only 12-15 companies.
NN: MLM was growing in Indonesia in the year 1990 – 2000’s, what challenges facing APLI?
KV: Many Indonesian companies that want to try direct selling because it is booming.But then quit just because it does not have the experience. Therefore, many also affect climate in Indonesia MLM negatively. This happens because they do not think about the fate of distributors who have taken the time, effort and money to develop their business.In the code of conduct has been no protecting distributor. Currently there is only the company’s obligation to pay compensation, but no distributor for future protection.
NN: How does the process of supervision of the MLM / DS for this?
KV: APLI Members should be the first to comply with existing regulations. In fact they have more stringent internal rules therein. It should if you can not be a member APLI, then could not get SIUPL. APLI can supervise its members, so that the future membership of APLI able to ‘guarantee’ for all parties.
NN: How do you address the challenges in the direct selling industry today?
KV: The challenge is an opportunity to become better. Consumers now with different consumers 10-20 years. Which is now more critical. Consumers are now able to assess.Companies must be able to ensure that they can satisfy customers. Conventional Consumers have little information on the label and the description of the ad, while the direct selling information can be described in more detail than just the label and advertising. Hence the importance of the role of the trainings. Direct selling is not only to educate but also to satistify consumers. “No direct selling without the consumer”
NN: How the government’s response to the direct selling industry?
KV: Now the government is much better because of the understanding of our business is much more extensive and detailed than before. Every country there is a tendency to protect the country’s economy in a state of global economic uncertainty that would be more enterprising. However, for Indonesia economic growth of 5-6% is good enough because not many countries are able to do so for the time being, although still a lot of homework for Indonesia.
NN: How did Mr respond to the Internet age with the direct selling industry?
KV: The era of the internet is shifting communications. That will not disappear is person to person. Internet is a channel for transactions with little information, but we must maintain his person to person.
NN: What is the dream of Mr. Koen future for APLI and the direct selling industry in Indonesia?
KV: Hopefully in the future the association APLI can be able to fight for businesses, consumers, distributors and countries.
NN: What have you boast of APLI according to your opinion?
KV: The worst may be highlighted is always a guest speaker APLI government to direct selling. Science who shared not only for personal interest but for the interest of the industry in Indonesia.
NN: What makes Mr. survive with APLI and direct selling industry over the last 30 years?
KV: I survived because my passion in this industry. In this industry the opportunities offered capable of changing people’s lives. Every human being has the ability to sell but if everyone is willing to sell? Well, this is where art direct selling. So the time spent is the key to success in this industry. “If you can not motivated yourself you can not motivated others”. So it all depends on yourself. So everyone who joins in this industry must be able to motivate himself.
NN: What are the prospects of direct selling / multi-level company (DS / MLM) future?
KV: We see a high population of Indonesia of course his chances high.
NN: There is a short message to end this interview?
KV: That pursued on the company’s vision is to help others realize a better life, so that obtained later is profit. So not to reverse the principle.
99% of businesses suffered direct sales and unsuccessful kerugiaan
DS / MLM itself is a business field that protects distributors and consumers with the Act and the code of ethics, which provides protection to the perpetrators and consumers with a “guarantee of repurchase (buyback guaranty)” and if you are involved in the company DS / MLM is legitimate and is a member APLI, then you do not have to worry about a loss in question. MLM Company / DS is also required to provide periodic training to be a distributor capable of managing the business to achieve success.
There are approximately 92 million businesses in the MLM world, the number is growing over time. 91% MLM business operators are satisfied with their income or benefit exceeds their expectations. (Survey by Research International, Inc.)
The key to successful direct sales are successful in recruiting as much more important than sales to consumers and service
No doubt, recruiting distributors is an important element in the DS / MLM, such as business expansion in the conventional business. In the DS / MLM are looking for ways to widen your business, recruiting others and become a mentor (Leader) is important.But recruitment does not make you instantly successful in the field of direct sales. Amarketing plan / product sales compensation plans need to run the compensation plan itself. Both sales are done you or your group.
In America there are 150 million consumers direct sales in a year, only 15.6 million of them distributors, leaving plenty of room for distributors to develop and take advantage (survey MORPACE International. Inc.)
Those involved in the direct sales business only to make money easily
Many reasons made you to run a direct sales business. Starting from just looking for extra money to make direct sales as the main profession or just involved to get the product at a discounted price.
Direct sales is a serious business that generate revenue from millions to billions of rupiah per distributor. But do not easily believe those who assure you that in a moment you become wealthy with little effort or by investing money. Do not also believe in the people who claim to join alone generates tens or hundreds of millions of rupiah.
Direct sales is a business that requires investing time and energy in such a way until the moment you successfully achieve design and targets are provided. The difference in this business with another business is you get an equal opportunity for everyone to be successful and the business success depends on the seriousness you live rather than on the power of capital.
On the other hand, the business also allows you to clearly see the career path that can be achieved and to make estimates that revenue will be obtained.
Legitimate direct sales companies are bound by a code of conduct that clearly convey to potential income and every company should execute the code of conduct outlined by the government through legislation in order to protect consumers.
DS / MLM only make money for those who is positioned on top
The myth above is the same as comparing how many employees the minimum wage which was later to become the CEO of a company.
Companies that have a good compensation plan or a “marketing plan” is able to provide the corresponding revenue regardless of the rank achieved. The amount of revenue derived from the effort issued instead of rank.
Pyramid schemes / Money Game identical to the MLM / DS
An organizational structure can not be used as a benchmark legality, if yes then the organizational structure of either private or government is illegal, because the higher the ranking the more cones available positions, forming a pyramid.
A scheme called illegal if they do not have any products / services sold and paid by the recruitment is not based on sales.
MLM / DS truth is they give a bonus / commission based on sales volume, while the recruitment itself serves to raise the volume of revenues derived from sales volume of the group.
MLM Company / DS are legally obliged to provide a guarantee of repurchase “buy back guaranty” and not hoarding the product “requirement inventories”
APLI has fought for Indonesia has laws against money game for a long time, namely since I was active in 2006. APLI board already this fight even before 2006. Beginning his goal is to have a separate law that combats money game. However, many are pessimistic about this to call it mission imposible. When I became Chairman of the Taskforce anti-money game APLI In 2011, legislation was formed with the aim of proving to regulators and legislators that the money game is dangerous. We hope to establish a law, or at least government regulation (PP) or Regulation (Candy) .No root cane was so. However, if in the form of regulation or candy, then it can not be criminal sanctions, only civil sanctions alone. This, less deterrent effect to the perpetrators.
In 2013 when I had served as chairman of APLI, through talks with Pak Ardiansyah Parman at Hotel Borobudur in April 2013, it is known that the government was making the draft Law of Commerce. During this legal product similar legislation in the field of trade is the law of the Dutch Trade Ordinance of 1934 which is more concerned peizinan effort. I see this is a bright spot and a golden opportunity for APLI to propose incorporate some of the provisions to combat money game.
A small number of regulators are found in APLI struggle clicking “goal” the laws against money game is an effort of a group of entrepreneurs who are members in APLI so that the business is protected. To reject suggestions that one of these, through a chance meeting with the decision makers and as a meeting to discuss the revision of DIN (List Investment Negative) dated May 3, 2013 relating to the AFTA, which was attended by 14 ministries, the Chamber of Commerce and 19 associates various fields I convey the data that the 2012 all direct sales company (with the number of 160 companies) that have won SIUPL listed in BKPM, had a total turnover of 10.2 trillion rupiah for one year. On the other hand, the money game company has a turnover of 16.5 billion in 1-2 years, some even up to 18 trillion. You can imagine the velocity of money money game is much larger, and the victims are mostly the general public. Only a small part of society MLM involved. It can be seen that the direct victim is the general public while the indirect victims are the direct selling industry that his image be negative, because many companies money game masquerading as a direct sales company / MLM. By involving funds of that was to be entered in the national interest of this nation that is soon to be made to prevent it.
With these efforts eventually regulator can be assured that the legislation against money game so need to be made in order to protect the public. I remember at 21:00 I received a call asking what the regulator that APLI proposal to combat money game that will be incorporated into the Draft Law on Trade. Regulators also asked it be delivered tomorrow at 10:00 am in a meeting at the Ministry of Trade who will discuss the Bill Trading. Phone it gives me tremendous spirit, because the question is what APLI fighting for so many years that makes me and Mr. Bayu Riono overtime until midnight to formulate problems facing the direct sales industry.
But in fact, requested is in the form of proposed chapters, so it needs some time to formulate. Unfortunately, it was too late for the bill of material Trade, Investment Issues List also has finished processing has been given to the government and Parliament to be studied. So, for now a possibility APLI proposal can go through the government. And the opportunity is left only enter through the House. I remember a task force to dissect the case of TVI. At that time, APLI involving Commission III and Commission VI of the House of Representatives.
At the moment I’m in the process of contacting the Parliament, suddenly my old friend Mrs. Tina Silaen call on Friday morning and asked how her husband said that he, Mr. Sukur Nababan wanted to meet with me as chairman of APLI that same evening. But unfortunately, at that time I already had another appointment. However, because Mr. Sukur calling direct and stated that the meeting is urgent, be met at three o’clock. Incidentally Mr. Sukur Nababan is a member of House Commission VI, and he is the active players in the direct sales industry. He has the same vision with me and APLI in combating and preventing the practice of the money game, in order to protect the people of Indonesia nationally. He is the right person. If he was not the perpetrator of the direct selling industry, you can imagine I will need more time to explain and menyakinkannya, which would be too late. Even though he invited me for other purposes, but the proposal APLI to combat money game and protection against selling products directly in the Bill of Commerce became the main menu of our perbicangan which takes approximately 5 hours. We discuss the definition of a pyramid. It’s all the movements of the hand of God that helped me. DIM (List of Issues Investment) for the trade bill should be given on a Saturday morning, eventually postponed until Monday, so I have two days to finalize the formulation of the chapters. DIM was completed on Saturday. However, after discussions with the Board of Commissioners APLI, some of the proposed changes. This material was finalized on Sunday, so that appropriate Mondays I can convey to Mr. Sukur Nababan.
As for the rationale and proposed APLI of anti pyramid clauses (a term that replaces the money game, was selected after a long study, all countries also use this term to refer to the money game), as follows:
Practice Pyramid Scheme
Many actors who take advantage of public ignorance to outwit and promising instant profits without having to work. They collect funds from the public by referring to join in business activities in the guise of direct selling tiered. In practice profits / bonus is distributed comes from fees collected from those who join later, to pay the person who recruited him along with top networks. This concept is known as the Pyramid scheme. For example, with a ratio of 1: 5, and to pay bonuses 1 person needed the money for a deposit from 5 people who join, and then to pay for 5 people, it takes money out of 25 people who join, and so on. By doing so, one day the dollar amount of new people is not sufficient speed to pay people who have signed later. That’s where the point of bankruptcy or a time bomb has exploded. Actors who perform this practice has been realized from the beginning and will carry off the money collected before the time bomb explodes. While in the direct sales business tiered correct, bonus obtained from products sold. During this time, there is no such regulation. Such practices are known after their offense warranting complaint. That means that fraud has occurred and can not be addressed let alone prevented. Therefore we assess the need for legislation to provide a deterrent effect and the penalty and can stop this practice before suffering many casualties and it was too late. Such practices, had a lot of people adversely affected by: Attracting funds from the public by promising profits doubled in the near future. Though the promised benefits are taken from the registration fee those who join later. Registration is used as a cover as towing funds from the public. The registration fee in bulk to be bundled with the items that are not comparable in value to the money deposited, so that the product be used as a cover for towing large fund registration. The direct victims of this practice is the wider community in the history of impaired until the amount trillion rupiah so that it can be classified to the national interest. While direct sales businesses tiered become indirect victims. The image of entrepreneurs have become negative in the eyes of society.
Protection products marketed by direct sales (direct selling).
The lack of regulation to protect small entrepreneurs independent in the conduct of its business, in direct selling. The practice of direct selling is the sale directly with the aim of protecting small businesses independent of conventional retail businesses that sell systems outlets such as shops, supermarkets, mini markets, etc.
In conventional systems the outlet retail sales are passive waiting for a buyer to come, so as to provide an introduction to the required product marketing strategy of mass communication where this requires costs have been factored into the price of products.
While in the direct selling marketing system though mass communication is still required, but is still able to run, because the forces are active seller and the buyer picked explain the benefits, how to wear, and the advantages of its products. If a product has been well explored by the direct selling system so understanding (awareness) product known by the people it is supposed that product still marketed exclusively by direct selling system so that the labors of power pemasarnya who had been a guerrilla for years were not harmed by the outlets -gerai general. The necessary existence of regulations that protect the small independent entrepreneurs for products to be sold direct selling are not allowed to be sold digerai-conventional outlets. Based on these premises, we propose the existence of a regulation that protects, against: (note: the text in italics and bold is in addition to what we mean)
Recognition of a tiered system of direct sales marketing literally on the Bill Trading:
APLI proposed additions to the draft Law on Trade RI, as follows:
1) Addition in Article 5 to be:
Distribution of goods and / or services trade
directly or indirectly to the
consumers can do with the system:
a. General trading;
c. Direct sales;
d. Tiered direct sales; or
e. Another marketing system
Then followed the addition of the “Explanation on the Draft Law on Trade RI”, as follows:
What is meant by “direct sales” (direct selling) is a method of selling goods and / or services directly to consumers outside the fixed retail location.
What is meant by “direct sales tiered” (Multi Level Marketing) is a method of selling goods and / or services with a system of direct sales through a network of multi-level marketing developed by business partners who work on commission basis and / or bonuses based on the sales of goods and / or services to consumers.
Referred to other marketing system is the marketing in addition to general trade, franchising, direct sales or direct sales stages.
The addition of Article Admitted:
APLI proposed adding a separate chapter to regulate the industry and the Direct Sales Direct Sales Berjenjang on the draft Law on Trade RI. Settings include the protection of a pyramid scheme and protection products marketed by direct sales. Proposed as Article 9 before going to Part Three:
(1) Distribution of goods and / or services whose trade directly or indirectly prohibited from applying the system of pyramid schemes.
(2) Distribution of goods and / or services that have the exclusive distribution rights for trafficked with the system of direct sales and / or direct sales tiered, can only be marketed by direct sales by sellers who officially registered as members of the company’s direct sales and / or direct sales the tiered.
(3) The distribution of goods and / or services that have the exclusive distribution rights for trafficked with the system of direct sales and / or direct sales tiered should not be done by the system as referred to in paragraph a, b, and e in chapter 5, except by parties appointed or received official permission from the company’s direct sales and / or the direct sales tiered.
(4) The Company’s direct sales and / or direct sales tiered can trade goods and / or services that do not have the exclusive distribution rights, but the goods and / or services are not included specified in paragraph (2) and (3) Article 9.
Then followed the addition of the “Explanation on the Draft Law on Trade RI”, as follows:
Article 9 Paragraph (1)
What is meant by “Pyramid Scheme” is a business with a name or nomenclature to which the participation of business partners based on consideration of the opportunities to earn rewards derived or obtained mainly from the cost of the participation of others who join later or after the joining of partners such business, rather than results activity of selling goods and / or services.
The definition of a pyramid scheme is being used effectively, as stipulated in the Regulation of Minister of Trade No.32 / M-DAG / PER / 8/2008 in article 1, paragraph (12), the difference is only said the results changed the cost (in writing in italics and underline). Because the result word can be extensive and can be ambiguous.
What is meant by “the exclusive distribution rights” are the rights to distribute the goods and / or services owned by only one company in the territory of Indonesia, which is obtained through the agreement of the owner of the trademark and / or indeed the trademark owned by themselves.
What is meant by a “seller of officially registered” is a business partner that has been registered officially a member of the direct selling company and / or direct sales stages.
What is meant by “a party appointed or received official permission” is a party that has a license to trade products with a system of outlets public and / or referred to in letters a, b, and e in article 5, which is intended to be the center of inventory in certain areas to serve the salesperson official and user of goods / or services or received official permission to do exhibitions, Ekpo, etc.
The addition of Article Admitted in Chapter XV
APLI proposed adding there is a separate article to give deterrent effect of sanctions on violators.
Proposed after Article 66 in the draft of Trade (if not shifted due to the addition of article):
(1) Every business performers who perform the activities referred to in Article 9 paragraph (1) shall be punished with imprisonment of 5 (five) years and / or a fine of Rp 25,000,000,000.00 (twenty five billion rupiah)
(2) Every business performers but did not get permission to market as referred to in Article 9 paragraph (2) shall be punished with imprisonment of 1 (one) year and / or a fine of not more Rp.1.000.000.000,00 (one billion rupiah)
(3) Every business performers to market with systems other than direct sales outside the permit as referred to in Article 9 paragraph (3) shall be punished with imprisonment of three (3) years and / or a fine of not more Rp.5.000.000.000,00 (five billion rupiah)
Then followed the addition of the “Explanation on the Draft Law on Trade RI”, as follows:
What is meant by “Businesses” is the perpetrator as the owner of the company and / or business partners actors direct sales tiered network builders who have recruited directly at least 10 people and / or affect at least 50 people to join.
That original proposal and rationale of APLI, and although there are also changes article sentences and some proposals are not approved but nearly 90% APLI proposal inserted into the Trade Act on 11 February 2014 was decided by the plenary session. Then on March 11, 2014 was signed by President Susilo Bambang Yudhoyono became Law No. 7 of 2014 on Trade. Now it APLI was fighting to guard and ready to assist law inforcement government to Law No. 7 of 2014 pertaining to the direct sales industry can provide a deterrent effect to elements that harm the community through the practice of the pyramid. At present, the business is in the process of providing input to the government in revising the regulation on direct selling industry in adjusting the matter by Law No. 7 of 2014 on Trade. My hope these chapters useful in preventing the fall of many victims and provide prosperity for as many people in Indonesia.
Moreover, the legal framework is able to ensnare the individual individual is not only the owner of the company, so companies money game-based e-commerce and rely on the website (this type of company does not open a representative office in Indonesia to avoid legal and tax) may be charged and prosecuted , Come with a sincere intention, we shoulder to shoulder to eradicate the practice of money games that harm the nation.
Article approved the Law on Trade of the Republic of Indonesia 7 (B erlaku began March 11, 2014)
3) Distribution of Goods is directly referred to in paragraph (1) is done by using a special distribution through direct sales system:
a. single level; or
Goods with exclusive distribution rights were traded to the direct sales system can only be marketed by authorized seller registered as a member of the direct selling company
Business communities are prohibited from applying the system distribution pyramid scheme in distributing goods
Explanation pyramid scheme Article 9: Yg meant with “pyramid scheme” is a term / name of business activity that is not the result of sales activities Goods dr. The business activities that take advantage of the opportunities the participation of partners attempt to tackle obtaining payment or participation fee income primarily from other people who join later or after the merger of TSB business partners.
Business communities are implementing distribution system pyramid scheme in distributing goods as referred to in Article 9 shall be punished with imprisonment of ten (10) years and / or a maximum fine of 10,000,000,000.00 (ten billion rupiah).
Business communities do not have trade business activities in the field of trade licenses granted by the Minister as referred to in Article 24 paragraph (1) shall be punished with imprisonment of 4 (four) years or a maximum fine of 10,000,000,000.00 ( ten billion rupiah)
People are encouraged to try and jelly in selecting a business partner
Tuesday 11 February 2014, the government has enacted the Law of Commerce.Through this legislation, one of which the government recognizes and protects indtrustri MLM / DS (Multi Level Marketing / Direct Selling). Through Articles Multi Level Marketing in the Trade Act, the public can see the difference between MLM / DS (Multi Level Marketing / Direct Selling) true & Money Game masquerading as MLM (Multi Level Marketing). And the point is MLM (Multi Level Marketing) recognized and protected while pyramid schemes are prohibited. Hopefully with this Act, the distributor can be strong and courageous in doing business. Thanks.
Daftar Perusahaan yang mendapat SURAT PERINGATAN dari BKPM (Badan Koordinasi Penanaman Modal)
Daftar pesahaan tersebut per 20 Maret 2014 adalah :
Untuk info detailnya klik link diatas.
Satu keadaan yang cukup memprihatinkan, sekaligus harus kita waspadai, adalah potensi penyebaran money game di kota-kota kecil atau daerah-daerah pedesaan. Kalau money game dapat berkembang di kota-kota besar serta melibatkan berbagai kalangan—mulai dari kaum berpendidikan tinggi atau intelektual, birokrat, dan pejabat—maka kota-kota kecil pun pasti tidak akan sulit mereka serbu.
Ada beberapa faktor yang menyebabkan potensi ledakan money game bisa terjadi di daerah atau kota-kota kecil. Beberapa faktor tersebut di antaranyaadalah faktor mudahnya money game diduplikasi, faktor tingkat pendidikan, pengetahuan, dan penguasaan informasi oleh masyarakat, serta lemahnya penegakan hukum. Mari kitabahas satu per satu.
Pertama, faktor mudahnya money game diduplikasi adalahpenyebab utama mengapa bisnis ilegal ini mudah tumbuhdan berkembang. Katakanlah beberapa money game yangpernah beroperasi kemudian tutup, baik karena bangkrut atau karena ditutup pihak berwajib. Mengingat modusnya mudah sekali ditiru, maka mudah saja bagi para operator money game untuk membuat program yang baru dan serupa.
Bahkan, dengan logika sederhana, modus sebuah perusahaan money game bisa dengan mudah ditiru oleh anggota maupun karyawannya. Begitu mengetahui bahwa prinsip bekerjanya money game adalah membayar pendapatan member lama dengan uang pendaftaran member baru, maka money game itu pun sudah bisa beroperasi.
Contoh paling nyata dari kecenderungan penduplikasian money game ini bisa ditemui dalam kasus money game Kospin di Pinrang, kasus Golden Saving di Jakarta, atau kasus Pohon Mas di Surabaya- Malang. Para pelaku utama atau operator money game tersebut rata-rata adalah bekas karyawan atau pimpinan perusahaan money game sebelumnya yang sudah bangkrut atau ditutup pihak berwajib.
Tampaknya, apabila para operator money game sudah jenuh di suatu daerah, mulai diawasi atau malah ditutup pihak berwajib, atau sudah berhasil mengeruk keuntungan dan tahu kapan harus kabur, maka mereka pasti mencari lahan baru.
Kedua, faktor tingkat pendidikan, pengetahuan, dan penguasaan informasi masyarakat daerah. Memang tidak ada jaminan bahwa tingginya tingkat pendidikan akan menjamin seseorang akan mudah mengenali bentukbentuk money game. Kasus-kasus money game dan piramid yang sudah pernah dibahas di sini menunjukkan bahwa mereka yang berpendidikan tinggi setingkat sarjana, doktor, profesor sekalipun bisa tertipu oleh money game.
Apalagi mereka yang sangat rendah pendidikannya?
Minimnya informasi menyangkut program-program penipuan seperti money game di kota-kota kecil atau daerah pedesaan juga menambah tingkat kerentanan masyarakat. Apabila di kota-kota besar saja—di mana informasi berlimpah, termasuk mengenai money game dan skema piramid—masih begitu banyak yang terjerat penipuan ini, bagaimana dengan kota-kota kecil dan daerah pedesaan?
Bila kita tengok kasus Koperasi Guyup Raharjo di Yogyakarta, kasus Yayasan Amaliah di Bogor, kasus
Pohon Mas dan Kospin, semua melibatkan warga pedesaan yang sama sekali tidak pernah tahu culasnya
money game. Belum terhitung lagi kasus-kasus penipuan dengan modus yang sama yang tidak pernah terekspos oleh media massa, mungkin bisa lebih banyak jumlahnya.
Ketiga, adalah faktor lemahnya penegakan hukum dalam kasus-kasus sejenis. Mungkin ini merupakan gejala umum di Indonesia mengingat aturan yang baku mengenai pelarangan money game dan skema piramid belum ada. Akibatnya, aparat penegak hukum pun sering kebingungan mencari dasar penindakan.
Sebenarnya, dalam beberapa kasus pihak berwajib terbukti bisa menemukan dasar hukum yang tepat dan kuat bagi penindakan. Sebut misalnya penggunaan Pasal 378 KUHP tentang tindak penipuan atau penggunaan pasal-pasal UU No. 10/1998 tentang Perbankan. Namun, dalam sejumlah kasus yang lebih canggih seperti money game atau skema piramid berkedok e-commerce, aparat tampak ragu menggunakannya.
Yang lebih berbahaya, modus operandi money game dan skema piramid sering mendompleng berbagai jenis bisnis yang sah, beragam aktivitas sosial yang diterima masyarakat, atau bahkan kegiatan yang didukung oleh pemerintah. Akibatnya, program-program penipuan semacam ini sering lolos dari perhatian pihak berwajib. Sebut misalnya money game yang dibungkus dengan label koperasi simpan pinjam, arisan kekeluargaan, atau bahkan yayasan amal dan keagamaan.
Lalu, selama UU Anti Piramid belum terbentuk, apa yang bisa diupayakan untuk membendung laju perkembangan money game dan skema piramid yang seolah bak mati satu tumbuh seribu itu? Tampaknya, tidak ada langkah yang lebih tepat selain terus-menerus meningkatkan kewaspadaan sekaligus terus mendidik masyarakat akan bahaya program penipuan ini. Usahausaha penyebaran informasi atas bahaya money game dan skema piramid harus terus dilakukan dan ditingkatkan, dengan tingkat jangkauan yang semakin luas hingga ke kota-kota kecil dan daerah pedesaan.
Salah satu langkah yang perlu dirintis adalah dengan mulai menggandeng institusi pendidikan seperti sekolahsekolah atau perguruan tinggi untuk ikut aktif membahas, meneliti, atau menyebarkan informasi
mengenai bahaya money game. Selama ini yang terjadi justru ironis sekali, yang mana banyak institusi pendidikan yang malah menjadi tempat berkembangnya money game dan skema piramid, seperti kasus Pohon Mas di Malang. Ini harus dicegah dan dibalikkan kondisinya, yaitu institusi pendidikan harus menjadi tempat utama untuk memerangi program penipuan ini.
Segala saluran informasi yang memungkinkan harus didayagunakan. Bahkan, perusahaan-perusahaan DS/MLM yang murni dan sah secara hukum harus ikut aktif untuk ambil bagian dalam mendukung gerakan penyebaran informasi ini. Para mitra usaha atau distributor bisa menjadi mitra bagi penyebaran informasi tersebut. Sebab, bagi kalangan industri DS/MLM, perang terhadap money game dan skema piramid adalah perang terhadap musuh bersama. Jadi, kita semua jangan sampai kendor untuk memerangi money game dan skema piramid.(ez)
info: apli XXXV januari-maret 2007
Pandangan-pandangan di atas tidak mengada-ada sama sekali. Bisnis MLM memang menawarkan rangakaian proses pembelajaran yang mungkin tidak akan ditemui di tempat lain. Dalam bisnis ini, orang benar-benar ditantang untuk melakukan proses pengembangan
diri semaksimal mungkin. Jika tidak mampu menjalani proses tersebut, maka bisa dipastikan keikutsertaan seseorang di bisnis ini akan seumur jagung saja.
Dalam proses pembelajaran di bisnis MLM, salah satu hal terbaik yang bisa dilakukan adalah membangun kebiasaan-kebiasaan unggul. Kebiasaan unggul ini bisa didapat dari berbagai pengalaman langsung di lapangan, atau dari proses penalaran dan pengembangan yang sinergis antara pengalaman sendiri dengan pengalaman orang lain. Hampir semua top leader MLM menjadikan pengalaman sendiri sebagai salah satu sumber utama strategi pengembangan bisnisnya. Namun, tak jarang pula pengalaman dari sumbersumber luar juga menjadi inspirasi dan menjadi sangat membantu pengembangan bisnis.
Sukses para top leader MLM sejatinya berasal dari kebiasaan-kebiasaan mereka yang positif dan unggul. Kebiasaan itu dipupuk dan dikembangkan selama bertahuntahun sampai sungguh-sungguh menampakkan hasil. Semisal, kebiasaan dalam hal merekrut secara rutin para member atau calon leader baru, kebiasaan berpikir sebagai seorang pemenang, kebiasaan mengatasi masalah dengan kebijaksanaan seorang pemimpin sejati, kebiasaan
mengembangkan keterampilan dan potensi diri, dll.
Nah, bagi seorang pemula di bisnis ini, tugas yang sama juga harus dilakukan, yaitu membangun kebiasaan unggul sebagaimana juga dilakukan oleh sponsor atau upline leader
mereka. Pada prinsipnya, keseluruhan prinsip yang diulas dalam rubrik ini adalah hal-hal yang sifatnya mendasar dan perlu dijadikan sebagai kebiasaan sukses seorang distributor MLM. Namun, tetap ada yang namanya kebiasaan “biasa” serta kebiasaan yang sifatnya “unggul”.
Lalu, apa itu kebiasaan “biasa” dan kebiasaan “unggul”? Kebiasaan “biasa” sebenarnya merujuk kepada prinsipprinsip mendasar, yang pastinya wajib dijalankan atau dikuasai. Kebiasaan “biasa” di sini tidak bisa diartikan sebagai kebiasaan yang tidak istimewa atau kurang bernilai. Sebaliknya, kebiasaan “biasa” adalah kebiasaan standar yang menjadi basic dari kesuksesan. Kebiasaan “biasa” yang standar itu sama pentingnya dengan kebiasaan “unggul”, karena kebiasaan-kebiasaan itu juga menjadi fondasi kesuksesan.
Sementara kebiasaan “unggul” bisa diartikan sebagai kebiasaan khusus yang diyakini bisa mempercepat, memperkuat, dan melestarikan kesuksesan seorang leader MLM. Merekrut member baru itu adalah kebiasaan yang “biasa”. Mengapa? Karena ini merupakan standar aktivitas yang harus dilakukan oleh setiap distributor untuk mengembangkan sebuah grup MLM. Nah, kebiasaan merekrut itu baru disebut unggul bila diarahkan pada hasil rekrut yang sangat berkualitas, serta mampu melahirkan para calon leader baru.
Lalu, apa saja kebiasaan unggul para top leader MLM yang bisa diteladani dan dibangun oleh para pemain baru di bisnis ini? Kebiasaan unggul top leader MLM itu beragam sekali, bahkan bisa berbeda-beda terkait dengan konteks perusahaan dan masa perkembangan MLM itu sendiri. Namun, ada beberapa kebiasaan unggul yang sifatnya lebih universal—dan bisa dipelajari kapan pun serta oleh siapa pun—yang sangat bermanfaat bagi pengembangan karakter sukses seorang top leader MLM. Anda bisa simak dalam tulisan “5 Kebiasaan Unggul Top Leader”.[ez]
info: apli XXXIV oktober-desember 2006