Satria Nugraha, Allan (2024) Perlindungan Hukum Bagi Franchise Lokal Di Indonesia (studi Pada Toke Kebab Durian Di Kota Pekanbaru). Other thesis, Universitas Islam Riau.

Text alan.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

A franchise is a business that is based on an agreement between two parties, namely between the owner of the rights (franchisor) and the person given the rights (franchisee) to run a business from the franchisor according to certain systems and standards. The purpose of standards and systems here includes, among other things, similarities in the use of business names or brands, manufacturing systems, packaging and presentation procedures, distribution and operational procedure systems. Not only that, in the franchise system hidden abstract things that have very high economic value, namely image, good name and trade secrets (know how). In return, the franchisee pays a franchise fee and royalty fee to the franchisor as stipulated in the agreed agreement. In a franchise business, there needs to be an agreement. The franchise agreement is a form of legal protection from parties who commit acts that are prohibited or detrimental to one of the parties. If there is a violation in the franchise agreement, the party who feels aggrieved can prosecute the party who violated the current law. In this study the authors have a main problem, namely how legal protection forms for local franchisees in Indonesia (study on Toke Kebab Durian Pekanbaru City) and what are the legal consequences of unilateral termination of agreements by franchisors (studies on Kebab Durian shops in Pekanbaru City) The type of legal research method that researchers use in their thesis research is included in the empirical research group. Judging from its nature, this research is analytical descriptive The research results obtained are legal protection that can be applied to franchisors and franchises such as preventive legal protection aimed at preventing disputes. Meanwhile, repressive legal protection aims to resolve disputes from both franchisees. Franchise legal protection is regulated in Government Regulation of the Republic of Indonesia Number 42 of 2007 which regulates Franchising and is further regulated by Regulation of the Minister of Trade of the Republic of Indonesia Number 53/MDAG/PER/8/2012 concerning Franchise Operations. Regulations regarding rules and legal protection for the two franchisees are regulated more specifically in the Regulation of the Minister of Trade of the Republic of Indonesia Number 53/MDAG/PER/8/2012, and the legal consequences of violations committed by the toke kebab durian franchise but in this case were cancelled. unilaterally by the franchisor because the franchisor had been given a prior warning by the franchisor and did not fulfill the obligations contained in the agreement, but this case did not reach court because the parties had promised it in the previously agreed agreement.

Actions (login required)

View Item