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Aspects of Legal Protection for Franchisees Associated with the Franchise Agreement Prasetyo, Stephanie Patricia; 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 Consequences of Default in the Franchise Agreement Based on the Case Study (Decision of the Sukoharjo District Court Number 18/Pdt.G/2018/PN Skh) Kirana, Adelia Nindya; 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.v2i2.899

Franchise, namely an agreement in which one party is given the right to utilize and use intellectual property rights owned by another party in return for a fee based on the terms and sale of goods and or services. This study aims to determine the legal consequences of one of the parties defaulting on the franchise agreement in Decision Number 18/Pdt.G/2018/PN Skh and to find out how to resolve disputes for the franchisor and franchisee in the event of a violation of the franchise agreement. To achieve this goal, the researcher uses normative juridical research, then this normative legal research is based on primary and secondary legal materials. In 2018, the Plaintiff has run the Pinky Guard franchise business, which will be opened in Manado with the defendant. After the plaintiff fulfilled his obligations by making a number of payments, the defendant apparently did not fulfill the plaintiff's rights. So because of this, the defendant can be said to have committed a default because he was unable to fulfill the obligations stipulated in the franchise agreement.

Problems and Legal Protection of Art Works in Non-Fungible Token (NTF) Practices Wijaya, Niko; 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.v2i2.904

This article analyzes the Non-Fungible Token, abbreviated NFT, which is a digital certificate that can be used to verify who owns certain assets in the world of crypto art, where this certificate represents ownership of authentic works of art. Non-Fungible Token (NFT) as a digital asset as well as several legal issues that arise related to NFTs, especially in the field of intellectual property law including copyright protection and legal construction of copyright ownership of NFTs. This study uses a normative legal research method with a statutory approach. This study aims to find out how the legal problems in the practice of intellectual property development commercialization of non-fungible tokens (NFT) and how to protect works of art in the form of Indonesian non-fungible tokens (NFT). The results of this study indicate that although in Indonesia there are no specific regulations that explicitly regulate Non-Fungible Tokens (NFT), the rights of creators of works are generally protected by Law Number 28 of 2014 concerning Copyright, but from an intellectual point of view property development, NFT presents the potential for the development and commercialization of works through digital media that has a wide reach and provides more optimal monetization opportunities.

Legal Protection Jurisdiction of Franchise Business (Franchise) in Indonesia Nugroho, Maria Cecilia; 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.

Analyzing the Correlation of Government Support Efforts to Franchise in MEA for Indonesia's Economic Progress Yuwono, Excel Febrianka; 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.v2i2.900

There are lots of very diverse new businesses that offer different types of products and services, such as modern food and beverage businesses. The franchise business concept makes it possible for someone who has material capital but lacks experience in building their own business to have a profitable business, especially if you buy a franchise from a well-known brand. The purpose of this study is to analyze the correlation of franchise with the input of labor support in dealing with the MEA and to analyze the role of the government in franchise support in the substance of the MEA. regarding the franchise in facing MEA and how the government contributes in it. The industry contribution to the franchise sector is very large because it can absorb a lot of labor, with a large number of workers absorbed increasing economic growth in Indonesia, franchises are able to survive the monetary crisis because franchises produce products that are directly consumed, not depending on capital from banks, to produce goods selectively based on consumption needs, franchise generally comes from termination of employment.

Juridical Analysis of Franchise Law in terms of Civil Law Aspects Setyawan, Gerald Febrian; 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.

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.

Legal Protection for Franchisees Due to Unauthorized Franchise Agreements Gultom, Ricky Ignatius Sadana; 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.v2i2.901

This study analyzes legal protection for franchisees in unauthorized franchise agreements. The research method involves analysis of legal documents, literature studies, and a normative approach to the relevant legal framework. The results show that the franchisee has the option of cancellation of the contract, compensation, termination of unlawful activities, and recovery of rights that are not respected. Challenges in providing effective legal protection include regulatory weaknesses, cost and time of legal proceedings, and the power imbalance between franchisees and franchisors. This research has implications for increasing awareness, legal protection, and policies that encourage fair and stable business practices in the franchise industry.

Legal Consequences of Franchisees Doing Default Against Franchisors and Legal Protection for Franchisors Angellina, Pricillia; 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.

Review of Default Law in the Franchise Agreement Between the Franchisee and the Franschisor Dharmawan, Jessica; 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.

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