ANALISIS YURIDIS PELAKU USAHA WARALABA MENURUT HUKUM POSITIF DI INDONESIA

Abstract

relating to the rights and obligations of the franchisee and franchisor, such as territorial rights owned by the franchisee, location requirements, training provisions, fees that must be paid by the franchisee to the franchisor, provisions relating to the length of the franchise agreement and its extension and other provisions governing the relationship between franchisees with franchisors. If the parties comply with all of these regulations, there will be no problems in implementing the franchise agreement. In contrast, if there is a deviation, this will result in default, which can cause harm to one of the parties. For losses incurred in the implementation of this franchise agreement, legal protection applies to the injured party, namely the injured party has the right to claim compensation from the party causing the loss. As described in the case experienced by Brian, the researcher wants to analyze whether the franchisor can be held accountable to the franchisee in the "SELERA YANTI" trademark transfer agreement that was made between the franchisor and a third party. And as a result, it can be concluded that Yanti, who is a franchisor, has defaulted. Therefore Yanti must be responsible for the losses suffered by Brian as a result of default by providing compensation to Brian