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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

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

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

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.

The Role of the Prospectus in the Application of the Disclosure Principle to the Franchise Cooperation Agreement Liumenti Liumenti; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.766

In today's business world, franchising is also known, which are generally carried out by companies and individuals who carry out business activities in the services, food and beverage sectors, such as fast food restaurants and cafes. Franchising in Indonesia is currently regulated in Government Regulation Number 42 of 2007 Concerning Franchising, this Government Regulation is stipulated to establish a balance between the parties in a franchise contract through various procedures that must be fulfilled by the franchisor and franchisee in a franchise business, mandatory procedures fulfilled by the parties in the franchise contract according to Government Regulation Number 42 of 2007 namely the Franchise Offer Prospectus. However, both the Franchisor and the Franchisee as parties to the franchise contract in practice in the business world in Indonesia until now very rarely understand the importance of the Franchise Offer Prospectus and are aware of the existence of the Franchise Offer Prospectus itself, this is due to a problem law, that is, the rule of law in the field of franchising is blurred. Thus this journal will discuss the Franchise Offer Prospectus Arrangements in the Franchise Agreement. The legal method used is the normative legal method, using primary data obtained from legal principles, comparisons of laws written in laws and regulations, as well as applicable norms and secondary data obtained by conducting library research. The results obtained in this study are that the arrangement of the franchise offer prospectus in the franchise agreement refers to article 7 of Government Regulation Number 42 of 2007 concerning franchising which is still general in nature and still needs to be corrected, so that the delivery of the Franchise Offer Prospectus by the Franchisor to the Prospective Franchisee is intended to the franchisee can carry out a business feasibility study on the franchise business that he will undertake.

Review of Default Law in the Franchise Agreement Between the Franchisee and the Franschisor Jessica Dharmawan; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.767

Franchise is an option for entrepreneurship with the least risk. Initially, the franchise started from the success of the business of the brand owner or franchisor. Through the franchise business, the franchisor will transmit the success of his business to the franchisee. In a franchise or franchise business, the cooperation agreement between the two parties is called a franchise agreement. The franchise agreement is a legal guideline that outlines the responsibilities of the franchisor and franchisee. In the franchise agreement, the franchisor has several responsibilities regulated in Government Regulation no. 42 of 2007 concerning franchise business (Franchise). In this regulation, it has been explained what are the obligations of the franchisor before entering into a franchise agreement with the franchisee. This is so that the franchisee is not deceived which will cause losses to the franchisee.

Legal Consequences of Franchisees Doing Default Against Franchisors and Legal Protection for Franchisors Pricillia Angellina; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.878

The franchisor and franchisee bond is a reciprocal bond. Because basically the franchisor grants a license to use an IPR in using logos, trademarks, patents, industrial designs, technology, and secret recipes for franchisees. On the franchisee side, of course, they are obliged to provide reciprocity by preparing land, infrastructure and paying a royalty fee to the franchisor. The franchise agreement is subject to Book III of the Civil Code concerning engagement, the legal relationship between the franchisor and the franchisee is also bound by a franchise condition as referred to in the Minister of Trade Regulation Number 71 of 2019 concerning Franchise Operations. The research method used by the author in this study is a normative juridical method, where the approach taken is to use a statutory approach as an object of study to analyze statutory regulations which are the primary source of law in this writing.

Factors to Pay Attention to and Problems in Implementing a Franchise Business Agreement Sintia Maryam; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.879

The development of trade in the era of globalization is increasing rapidly, one way to improve people's welfare is to do entrepreneurship, because entrepreneurship will make society self-sufficient and with entrepreneurship will open opportunities for themselves and take advantage of the opportunities created. With a franchise system, franchisees only buy an existing business system and have the advantage that the buyer of the system does not need to start from scratch. Of course, to realize the franchise is marked with a franchise agreement in order to minimize future irregularities. This type of research method in writing is qualitative with the type of document. Qualitative research is a type of research whose results are not based on statistics or other calculations. The purpose of this writing is to find out the problems in implementing the rights and obligations of the parties to the agreement and what factors must be considered by the parties outside the script in implementing the franchise agreement.

Aspects of Legal Protection for Franchisees Associated with the Franchise Agreement Stephanie Patricia Prasetyo; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.880

Franchising as a business concept regarding the granting of the use of intellectual property rights by the franchisor to the franchisee is a legal relationship between the franchisor and the franchisee which is regulated in a franchise agreement. The purpose of this article is to analyze aspects of legal protection for franchisees related to franchise agreements and to analyze legal sanctions against franchisors who break the agreement unilaterally. The research method is in the form of normative law whose implementation is focused on secondary data collection (Library Materials) covering primary legal materials such as laws and regulations, primary legal materials such as articles, books and so on. This research is descriptive in nature. By using a qualitative approach/paradigm. The data is processed and analyzed qualitatively using deductive logic. The franchisor is the licenser to the franchisee to market goods and services on behalf of the franchisor in a certain area and period of time. The franchisor assists the franchisee in its distribution, in return the franchisee pays an initial fee and royalties. The franchisor can determine the contents of the agreement and terminate the agreement unilaterally with the franchisee for the agreement that has been agreed upon, but termination of this franchise agreement can result in default, because it causes losses to the franchisee and it is the franchisor's obligation to pay compensation. Legal protection for the parties in the implementation of the franchise agreement is an important aspect. The form of legal protection for franchisees in franchise agreements is contained in Government Regulation Number 42 of 2007 concerning Franchising in the provisions of Article 5 letter (k) which stipulates that the franchise agreement establishes procedures for extending, terminating and terminating the agreement. Thus the franchisor cannot terminate the agreement unilaterally at any time, the franchisor must comply with the PP on Franchising and in accordance with the Civil Code.

Legal Protection Jurisdiction of Franchise Business (Franchise) in Indonesia Maria Cecilia Nugroho; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.881

In the increasingly developing era of globalization, economic growth continues to increase and is increasingly complex. The economy in Indonesia has experienced an increase, giving rise to many businesses or business practices, both small and medium businesses, and businesses that have large capital. These efforts certainly have a positive impact on society and the country, such as meeting the needs of an increasingly diverse society. One of the businesses that is currently developing is a franchise business. The purpose of our research is to find out the legal protection for franchisees and franchisors based on applicable regulations and to find out the legal aspects of franchise agreements. This study uses normative legal research methods whose implementation is focused on collecting secondary data (library material) which includes primary legal materials such as laws and regulations, primary legal materials such as books, articles, and so on. The franchise agreement is one aspect of legal protection given to related parties to avoid actions that are detrimental to these parties, including in providing legal protection for Intellectual Property Rights (IPR). A legally made franchise agreement applies as a law for those who make it as referred to in Article 1338 of the Civil Code. An agreement that has been made legally means that the agreement has fulfilled the conditions specified in the law.

Juridical Analysis of Franchise Law in terms of Civil Law Aspects Gerald Febrian Setyawan; Urbaniasi Urbaniasi
QISTINA: Jurnal Multidisiplin Indonesia Vol. 2 No. 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.885

Franchising arises due to the impact of the advancement of the global economic system. In the business world, especially in the world of trade, Indonesia is dominated by trade in goods which is the result of cooperation between Indonesian and foreign entrepreneurs. There are many forms of franchising in our environment, including fast food businesses such as those from outside and within the country such as Mc Donald, KFC, Pizza Hut, Simple RM, Mbok Berek, Mrs. Suharti and many other brands that are familiar to businesses. home furnishings and office furniture such as Ace Hardware and Ikea. In Indonesia, the legal basis governing franchising is basically not listed in the Criminal Code, but is regulated in Government Regulation No. 42 of 2007 concerning Franchising and also in Regulation of the Minister of Trade of the Republic of Indonesia Number 53/M-DAG/PER/8/2012. Basically the franchise agreement is a type of agreement that is born and grows in the community whose arrangements can be seen in the previous explanation, therefore the franchise agreement is classified as an innominate type of agreement. As referred to in Article 3 of Government Regulation No. 42 of 2007 concerning Franchising, basically aspects of intellectual property rights play a very important role in it. The forms of legal protection contained in a franchise can be classified into two types of legal protection, namely protection in the form of preventive and repressive protection, while the forms of sanctions that can be applied are in the form of administrative sanctions, written warnings or can also be subject to revocation of STPW for Franchisor and Franchisee. who violate the provisions. As a social institution in the field of franchising, or what we are more familiar with as franchising, it is certainly not free from all its weaknesses, even so, this system still has various principles of benefit and advantages in it.

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