A Year Cross Border Alliance In China Case Solution
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Strengths
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Weaknesses
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Opportunities
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Threats
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A Year Cross Border Alliance In China Porter's Five Forces Analysis
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Bargaining Power of Buyers
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Bargaining Power of Suppliers
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Threats of New Entrants
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Threats of Substitutes
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Degree of Rivalry
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Political Factors
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Economic Factors
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Social Factors
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Technological Factors
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Environmental Factors
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Legal Factors
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A Year Cross Border Alliance In China VRIO Analysis
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A Year Cross Border Alliance In China Evaluation of Alternatives
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A Year Cross Border Alliance In China Case Study Recommendation
Dalam menjalankan proses Plea Bargaining, mengacu amandemen keenam kosntitusi Amerika yang menyebutkan bahwa setiap terdakwa harus mendapatkan nasehat hukum yang efektif effective assistance dalam setiap proses peradilan pidana, termasuk didalamnya proses Plea Bargaining. Penasehat hukum memiliki kewajiban untuk menjelaskan kepada klien mengenai tahapan plea bargaining, konsekuensi maksimal dari pengakuan tersebut, dan kewajiban untuk mendiskusikan semua penawaran dari penuntut umum. Dalam proses Plea Bargaining khususnya untuk pernyataan Plea Guilty, peranan penasehat hukum sangat vital, karena sebuah pernyataan bersalah yang dilakukan oleh seorang terdakwa tanpa didampingi penasehat hukum diperbolehkan untuk dibatalkan meskipun sudah dalam bentuk Plea Agreement. Namun, masalah seringkali timbul karena meskipun terdakwa didampingi oleh penasehat hukum, namun penasehat hukum tidak menjalankan fungsi efective assistance sehingga terdakwa tidak mendapatkan keuntungan apapun dalam proses Plea Bargaining meskipun ia sudah melakukan pengakuan bersalah. Penasehat Hukum harus memperkirakan apakah melakukan Plea Guilty pada mekanisme Plea Agreement lebih menguntungkan terdakwa dibanding dengan diadili di muka persidangan. Penasehat hukum juga akan mempertimbangkan mengenai negosiasi yang ditawarkan oleh penuntut umum kepada terdakwa dengan membandingkan negosiasi yang pernah ditawarkan oleh penuntut umum atas kasus yang sama. Hakim memiliki peranan paling penting dalam tahapan sesudah Plea Bargaining yaitu untuk menguji apakah terdakwa melakukan pengakuan dengan sukarela atau tidak, hakim. Juga dapat memberi penawaran kepada terdakwa apakah ia akan membatalkan perjanjian perjanjian yang telah ia buat dalam tahapan Plea Bargaining. 39 Hakim juga harus memperingatkan terdakwa mengenai implikasi dari dilakukannya sebuah Plea Guilty, yaitu berupa :Peringatan dari pengadilan kepada terdakwa merupakan proses yang sangat penting karena inilah salah satu parameter pengakuan yang diberikan oleh terdakwa dilakukan secara sukarela sehingga hak hak terdakwa tetap terlindungi. Pada pembahasan sebelumnya telah disinggung mengenai beberapa hal yang membedakan Plea Bargaining System dan Jalur Khusus dalam RKUHAP. Perbedaan paling mendasar dari kedua mekanisme diatas adalah terkait kewenangan hakim dalam menilai pengakuan dari seorang terdakwa dan tidak jelasnya peranan penasihat hukum dalam mekanisme jalur khusus.
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