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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

Abstract

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.
Analisis Yuridis Perlindungan Hukum Bagi Korban Salah Tangkap Ditinjau Dari Ketentuan Hukum Positif Di Indonesia Setyawan, Gerald Febrian; Prasetyo, Boedi
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2124

Abstract

The judicial process in Indonesia must be carried out or implemented based on the provisions of the laws in Indonesia. The criminal justice process was born in order to resolve problems that arise from criminal acts. Although the procedures for the judicial process have been regulated by law, we still find many cases of errors in the judicial process that occur in Indonesia. One case of error in the judicial process can be found in cases of mistaken arrest by law enforcement officers. Wrongful arrests or mistakes in arrest generally occur due to procedural errors and also errors in the investigation process carried out by law enforcement officers. In order to protect the interests and rights of victims that are lost during the judicial process, a form of protection is needed that can be given to victims of mistaken arrest. Legal protection for victims of mistaken arrest was born in order to provide protection for victims or innocent people who were arrested illegally or mistakenly by law enforcement officers. Including provisions for victim protection aims to increase the government's focus on the plight of victims and can restore the conditions and rights of victims that are lost from the act of mistaken arrest considering that the act of mistaken arrest is a form of gross human rights violation that greatly tarnishes human dignity