PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN BISNIS WARALABA

Abstract

Based on subsection 1 number (1) of the Government Regulation of the Republic of Indonesia Number 42 of 2007 concerning Franchising defines franchising as a special right owned by an individual or business entity against a business system with business characteristics in order to market goods and/or services that have been proven successful and can be exploited and/or used by other parties based on a franchise agreement. This business is growing very fast and has become a new force for the economic sector in Indonesia. The Indonesian Ministry of Trade has so far recorded that there are more than 600 (six hundred) franchises or franchises spread throughout Indonesia. Franchise business is considered by some people to have a greater chance of success than if we build our own business from scratch. But basically, success in running a franchise business is very dependent on how the cooperation has been determined between the giver (franchisee) and the franchisee (franchisor). This is of course prone to causing disputes, because often in the process of ongoing business there are some things that are not in accordance with the initial agreement that has been mutually agreed upon. Therefore, the parties to the franchise business need to receive protection and legal certainty so as not to cause legal problems in the field of prolonged investment