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Journal : Sinergi International Journal of Law

Law Enforcement Against Digital Businesses (E-Commerce) by The Business Competition Supervisory Commission (KPPU) in Competition Practices Unhealthy Business Manan, Abdul; Nafri, Moh.; Permana, Mohamad Didi
Sinergi International Journal of Law Vol. 3 No. 2 (2025): May 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i2.760

Abstract

The aim of the research is to find out and analyze the role of the Business Competition Commission (KPPU) in digital business and to know and analyze law enforcement by the KPPU regarding digital-based business activities. The research method uses normative legal research which uses primary legal materials and secondary legal materials which are then presented in the form of an inductive thinking pattern, namely from specific things to general things. The research results found that the Business Competition Commission (KPPU) in Indonesia has a very important role in maintaining healthy competition in the market, including in the context of rapidly developing digital business. The KPPU is tasked with monitoring and taking action against business practices that can harm healthy competition. In digital business, this includes monitoring large companies that have the potential to dominate the market, such as e-commerce platforms, social media or other digital services. Law enforcement against unfair business competition practices in digital business, especially e-commerce, is becoming increasingly relevant as the industry develops. In this context, the Business Competition Supervisory Commission (KPPU) has an important role in maintaining healthy competition and ensuring that all business actors in the e-commerce sector operate in accordance with applicable legal provisions. The research suggestion is that effective law enforcement against unfair business competition practices in digital business by the KPPU requires a more innovative and responsive approach to digital dynamics. Strict supervision, international collaboration, and the use of technology will increase the KPPU's effectiveness in keeping Indonesia's digital market fair and competitive.
Juridical Review of The Protection of Intellectual Property Rights in Franchise Agreement Nafri, Moh.; Maisa; Mantopo, Oscar S
Sinergi International Journal of Law Vol. 3 No. 2 (2025): May 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i2.762

Abstract

The aim of the research is to find out and analyze the legal protection of intellectual property rights in franchise agreements and to find out and analyze the legal consequences if there is a breach of contract in the franchise agreement. The research method uses normative legal research which uses primary legal materials and secondary legal materials which are then presented in the form of an inductive thinking pattern, namely from specific things to general things. The research results found that as a form of legal protection in franchise agreements, the franchise must be registered with Intellectual Property Rights. Indonesian laws and regulations require a franchise to register its Intellectual Property Rights. The legal consequences if there is a breach of contract in the franchise agreement or one of the parties (Franchisee) does not fulfill its obligations properly and the obligations are not fulfilled because there are elements of negligence and error, then the other party (franchisor) has the right to demand compensation for losses as regulated in Article 1236 and Article 1243 of the Civil Code. The termination of the franchise relationship will also have consequences in terms of the use of IPR, namely Brand Rights and Trade Secrets. The franchisee can no longer use the franchisor's brand and logo. Everything related to it must be returned to the franchisor. The research suggestion is that to provide more certainty and legal protection for IPR owners in the franchise agreement, it is best to always include a clause regulating IPR protection which contains restrictions that the franchisee must comply with. And companies are also advised to make additional agreements with employees to protect IPR.