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All Journal Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia
Urbaniasi Urbaniasi
Universitas Tarumanagara
Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Application of Franchising as a Form of Agreement Object Clarissa Aurelia Susanto; Urbaniasi Urbaniasi
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 2, No 2 (2023): July 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v2i2.761

Abstract

The approach in this study uses a normative juridical approach. The juridical approach is an approach to the problem by looking at it from the point of view of the applicable laws and regulations, especially regarding the application of franchising as a form of agreement. Therefore, this type of research is normative relating to the principles and norms in the implementation of franchise agreements, namely between the franchisor and the franchisee. In this paper using primary and secondary data obtained from library materials in the form of laws, government regulations, the Civil Code and literature related to problems and derived from legal materials such as primary legal materials, secondary legal materials and tertiary legal materials. A franchise agreement is a form of agreement involving the franchisor as the franchisor and the franchisee receiving the franchise. This legal relationship gives rise to binding rights and obligations for franchisors and franchisees. The franchise agreement includes an innominate agreement that is regulated outside the Criminal Code. Legal sanctions in violation of franchise agreements are regulated in Article 16 of Government Regulation Number 42 of 2007 where legal sanctions in the form of administrative sanctions are carried out through 3 (three) stages, namely giving written warnings, fines and/or revocation of franchise registration certificates.
Menantea Franchise Agreement Case Analysis Reviewed from the KUHPer Nabila Tiara Deviana; Urbaniasi Urbaniasi
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 2, No 2 (2023): July 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v2i2.762

Abstract

The development of the Indonesian economy was followed by the development of legal forms of agreements. Nowadays many people start a business by buying a business system or what is known as a franchise which in Indonesian is called a franchise. Franchising comes from the word Wara which means more and Profit which means profit. Literally franchising means that franchising is a business that provides more profits. In addition, according to the Indonesian Franchise Association (AFI), what is meant by franchising is a system of distributing goods or services to end customers, where the owner (franchisor) gives rights to individuals or companies (franchisees) to carry out business with a brand, name, system, procedure and ways that have been determined beforehand in a certain period of time covering a certain area. Menantea is a tea beverage product that was founded in 2021. Menantea does not only sell tea drinks but also food in the form of chicken and potatoes. Menantea officially opened on April 10 2021. However, only 11 days later, alias on August 21 2021, they are reported to have offered a franchise. In fact, this is something that is not fair. Because, a business that can be offered as a franchise must have an STPW (Franchise Registration Certificate), one of the conditions is to fulfill the profit offering prospectus. In this case the author will discuss legal protection and legal remedies that can be taken by the Franchisee in the Menantea franchise agreement.
Use of Similar Trademarks According to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications (Case Study of Supreme Court Decision Number 162K/Pdt.Sus-HKI/2021) Ivana Trixie; Urbaniasi Urbaniasi
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 2, No 2 (2023): July 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v2i2.643

Abstract

In this modern era, people's creativity is growing rapidly, this has led to the birth of innovative products. To be able to distinguish these products are usually called trademarks. The research method used is juridical-normative and literature approach. Trademarks are the essence of the smooth trading of goods or services. In accordance with the trademark system in Indonesia according to the National Legal Development Agency (BPHN), namely the first to file principle system, meaning that the owner of a trademark license registers his trademark with the Director General of Intellectual Property Rights first. Regulations regarding these trademarks are stipulated by the Indonesian government with the aim of avoiding similarities between products in circulation. However, there are still many disputes regarding similar trademarks, and settlement of trademark disputes can be carried out if the licensee files a lawsuit against the Commercial Court. Another alternative in dispute resolution is arbitration.
Co-Authors Clarissa Aurelia Susanto Ivana Trixie Nabila Tiara Deviana