ASPEK HUKUM PERJANJIAN WARALABA DALAM PERSPEKTIF HUKUM PERDATA

Abstract

If you look further, agreements have been used in conducting trading business in the Middle Ages. Franchise agreements, once used by medieval societies, have for more than a century been used by legal entities looking to do business and make a profit. This agreement is regulated by law, but in practice it is not uncommon for its implementation to be inconsistent with the provisions. Based on Law Number 9 of 1995 and Government Regulation Number 42 of 2007 franchising is not limited to a simple contract that has characteristics but can also change into various ways, therefore it is necessary to analyze the product franchise and the rights and obligations of the parties involved in the agreement. The franchise agreement must involve at least two parties, these parties can be a legal entity or an organization, which will later provide the product or trade mark to the franchisee who has been selected to operate on its behalf. According to Article 1313 of the Civil Code, "An agreement is an act involving one or more people who bind themselves to one or more other people." Agreements can be divided into 2 (two) types, namely 1) nominal contracts; and 2) Innominate contract. Nominated contracts are agreements that we are often familiar with in the Civil Code, while innominate contracts are agreements that arise, grow, and develop in their implementation. Based on this, franchise agreements are included in innominate contracts as regulated in Government Regulation No. 42 of 2007.