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All Journal Acta Comitas Jurnal Preferensi Hukum (JPH)
I Gusti Ngurah Md Rama Andika
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise I Gusti Ngurah Md Rama Andika; Ni Luh Made Mahendrawati; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.585 KB) | DOI: 10.22225/jph.2.3.3989.491-495

Abstract

In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.
Pertanggungjawaban Hukum dan Perlindungan Hukum Notaris Terhadap Kewenangannya Membuat Party Acte I Gusti Ngurah Md Rama Andika; Cokorda Dalem Dahana
Acta Comitas Vol 8 No 01 (2023)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2023.v08.i01.p13

Abstract

This research has purpose to inform about law protection and responsibilities Notary for party acte they have made. This research is studied using normative methodthat based on the theory of responsibility and protection that help to emphasize the scope of both, so that the legal responsibilities and protections for Notaries can be identified in making a party act. The results of this study conclude that there are three (3) forms of legal responsibility of a Notary in making a party act, namely first legal responsibility for the UUJN and applicable laws and regulations, second legal responsibility based on sanctions, namely administrative, criminal and civil, third absolute legal responsibility and based on error. Legal protection for a Notary is provided by laws and regulations through the rights/obligations of a Notary and based on an institution, is given by the Notary Honorary Council. The position of a Notary who is noble and dignified must be carried out with full responsibility and protected by law from parties who want to degrade the position of a Notary.
Co-Authors Cokorda Dalem Dahana Luh Made Mahendrawati Widiati, Ida Ayu Putu