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Gunawan Djajaputra
Universitas Tarumanagara
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Franchise Agreement as Legal Protection For Franchise Business Actors In Indonesia Brun Kartino Sudjanto; Gunawan Djajaputra
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.308

Abstract

Franchise agreements play an important role in providing legal protection for franchise business actors in Indonesia, both for franchisors and franchisees. This study aims to analyze the effectiveness of franchise agreements in protecting the rights and obligations of the parties and identify potential legal problems that arise in their implementation. The approach used is normative juridical, with an analysis of related laws and regulations, such as Government Regulation No. 42 of 2007 concerning Franchises, as well as franchise agreement documents from various business sectors. The results of the study show that franchise agreements that are drafted by fulfilling the legal principles of the agreement, such as legal certainty, fairness, and balance, are able to provide adequate legal protection for both parties. However, there are still challenges in implementation, including inconsistencies in the content of the agreement with regulations, lack of understanding of legal aspects by business actors, and weak supervision of the implementation of the agreement. This research recommends strengthening regulations and education for franchise business actors to create a fairer and more sustainable business ecosystem. 
Reconstruction of Legal Protection for The Notary in Criminal Proceedings: An Analysis of the Harmonization of the UUJN and the National Criminal Code Daddy Ramdhan; Gunawan Djajaputra
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i2.52576

Abstract

The criminalization of the Notary profession in Indonesia shows a worrying trend, where civil disputes are often forcibly dragged into the criminal realm. This study aims to analyze the limits of notary liability and its legal protection when designated as a suspect within the framework of legal harmonization between the Notary Position Act (UUJN) and the National Criminal Code (KUHP). The research method used is normative legal research with a statutory and case approach. The results indicate that the determination of suspect status for Notaries often ignores the nature of formal job responsibility. A reconstruction of norms is needed to synchronize the authority of the Notary Honorary Council with criminal procedural law to ensure legal certainty for public officials.
LEGAL LIABILITY OF PROPERTY DEVELOPERS REGARDING THE FULFILLMENT OF OBLIGATIONS TO CONSUMERS IN SALE AND PURCHASE TRANSACTIONS USING THE BINDING SALE AND PURCHASE AGREEMENT Yulvita Ratna; Gunawan Djajaputra
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1204

Abstract

Business people show great interest in the development of the property industry. With promising market prospects, developers have significant legal responsibilities to potential buyers. To ensure legal certainty and avoid future conflicts, consumers must understand and comply with the legal rules contained in the agreement. The Sales and Purchase Agreement functions as a contract between the seller and the buyer at the initial stage of the home buying and selling process. This research examines the developer's responsibility towards consumers in house sale and purchase agreements through the Agreement of Sale and Purchase Binding mechanism, because a lack of consumer awareness and knowledge can increase risks to their rights. The method used in this research is based on normative juridical. The aim of this research is to determine the developer's legal responsibility towards buyers as consumers, so that there is legal certainty for buyers using the Agreement of Sale and Purchase Binding system. Developers must bear the losses experienced by consumers in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection. In accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection, this research aims to determine the developer's legal responsibility towards buyers as consumers, so that buyers can obtain legal certainty through the Agreement of Sale and Purchase Binding system. In addition, the developer is responsible for providing accurate information and guaranteeing the quality of construction, which includes the construction period to the maintenance period, until all sales and purchase agreements are completed.
CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE Fiorella Angella Dameria; Gunawan Djajaputra
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1205

Abstract

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.
Co-Authors Ahmad Iqfa Alfarel Lesmana Bred Klenten Brun Kartino Sudjanto Cangtika Laurensia Daddy Ramdhan Debby Flora Siahaan Dede Solehudin Fiorella Angella Dameria Gustianus Fernando Hanifah Hanifah Martin Rich Arianto Riza Mediana Fitri Yeni Wijaya Yulvita Ratna