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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Cahaya Keadilan JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) Ilmu Hukum Prima Ihsan: Jurnal Pengabdian Masyarakat Randwick International of Social Science Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum SOSEK: Jurnal Sosial dan Ekonomi Kanun: Jurnal Ilmu Hukum
Pohan, Masitah
Fakultas Hukum Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : International Journal Reglement

 1 
Conception of Franchise Agreement in Protecting the Legal Interests of Parties Based on Indonesian Civil Law Masitah Pohan
International Journal Reglement & Society (IJRS) Vol 1, No 2 (2020): September - December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v1i2.63

Abstract

Franchising is an effective way to expand business networks and respond to modern challenges, because the system does not require direct investment, but involves cooperation with other parties. In other words, franchising is a form of partnership based on a mutually beneficial relationship (mutualistic symbiosis) between the franchisor and the franchisee. The success or failure of a business with a franchise system depends entirely on the ability of the franchisee business partner to develop and run the franchise business through the procedures, processes and rules set by the franchisor. In the franchise system, the franchisee is given the right to take advantage of the intellectual property rights and the operating system of the franchisor, whether the use of trademarks, service marks, copyrights on logos, industrial designs, patents or trade secrets. This research is a type of normative legal research. Normative legal research is research whose data comes from secondary data and since this research data is secondary data, it is included in the type of normative legal research. This type of research used in this writing is library research. Library research means research using written documents as data, and data sources used in this study include primary legal materials and secondary legal materials. Based on the research results, it is known that the provisions of Article 1338 of the Civil Code confirm that all agreements made legally are valid as laws for those who make them. An agreement cannot be withdrawn as long as both parties agree or for reasons that are stated by law to be sufficient for that. An agreement must be carried out in good faith. On the basis of the provisions contained in Article 1338 of the Civil Code, it will be known the principles of freedom of contract, namely that every person is free to enter into an agreement or is free to determine the contents of an agreement as long as it does not contradict the law and public order.
Absolute Power in the Dimensions of Indonesian Law Masitah Pohan
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.271

Abstract

The granting of power of attorney is the most common legal act in society, besides that the granting of power of attorney is a very basic and important act in the process of legal and non-legal relations, in the event that a person wishes to be represented by another person to become his/her proxy, to carry out everything that is required of him/her. is in the interests of the authorizer, in all respects, including in relations with parties other than the proxy. the intent and purpose of the granting of power as regulated in Article 1795 of the Civil Code has shifted. As for the shift in question, are the limitations set out in Article 1796 of the Civil Code which states that the granting of power only covers administrative actions, and Article 1797 of the Civil Code which also states that power is not allowed to do anything. which exceeds his power, does not always have to be heeded, as well as other limitations, namely Article 1813 of the Civil Code concerning the expiration date of the grant of power of attorney. And this shift is what the power-giving agency calls absolute power.
Co-Authors Ade Sathya Sanathana Ishwara Aisyah Aisyah Daniel Hutasoit Hutasoit Diana Mayansari Hasibuan Dora Kusumastuti Faisal Imam Harahap Fauzi, Ahmad Fitriani Fitriani Ida Nadirah Immanuel Simanjuntak Muhammad Haris Nirwana Resti Nurhilmiyah Nurhilmiyah Rahmayanti Rahmayanti Ruslan Ruslan Yenny Febrianty