Journal of Legal and Cultural Analytics (JLCA)
Vol. 4 No. 1 (2025): February 2025

Antitrust Law Analysis on the Abuse of Dominant Position in Franchise Agreements in Indonesia

Kennedy, Alexander (Unknown)
Astea Novtalia Liuman (Unknown)
Natallia Lai (Unknown)
Stefanie Claudia Abdi Muljo (Unknown)



Article Info

Publish Date
27 Feb 2025

Abstract

This study examines the abuse of dominant positions in franchise agreements in Indonesia, highlighting power imbalances between franchisors and franchisees and their impact on market fairness, competition, and franchisee autonomy. Employing a normative juridical methodology, the research analyzes legal frameworks, including Law No. 5 of 1999 on Monopolistic Practices, complemented by comparative studies of international practices. The findings reveal gaps in Indonesia's regulations, enforcement challenges, and significant power asymmetries in franchising, underscoring the need for a dedicated regulatory framework, enhanced institutional capacity, and stakeholder engagement. Recommendations include adopting a Franchise Disclosure Document, dispute resolution mechanisms, and fostering local franchise growth.

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Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...