Aspek Hukum Perjanjian Franchise Bagi Franchisor Asing Dan Franchisee Indonesia (The Legal Aspects Of Franchise Contracts For Foreign Franchisors And Indonesian Franchisees)
| Main Author: | ., Wiratmanto |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 20 ] JURNAL MEDIA HUKUM: UMY
, 2012
|
| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jmh/article/view/1771 |
Daftar Isi:
- Basically, the essential legal aspect of a franchise contract is the contractual law, which is contained in Book 3 of Civil Law concerning binding agreements. However there are some other legal aspects that arise from a business relationship under the franchise system, namely intellectual property as provided for in the Copyright Act. Patent Act, and Trade Name Act. This research on the Legal Aspect of Franchise Contracts for Foreign Franchisors and Indonesian Franchisees is a normative legal research which aims to find out about how the Indonesian legal system supports the growth of a business under the franchise system, the legal aspects of a franchise contract, and the settlement of disputes between a foreign franchisor and an Indonesian franchisee. The data used in this research are primery data and secondary data which were gathered through fieldwork and library research. The instruments for data collection were questionnairs, interview guidelines and results of the filed study. The research sires are (the Special Region 03 Yogyakarta and (the Special Capital District 03 Jakarta, which were chosen because in these places there were a considerable number of business firms under the franchise system, and also because of access to the Ministry of Industry and Trade and other related agencies as well as the franchisees (McDonald's Indonesia, Fast Food Indonesia Ltd, Pizza Hut Indonesia. and Texas Fried Chicken Indonesia). Results of the research indicate the following. First, the Indonesian legal system already has a conducive role in the growth of' business under the franchise system. This is evident in Book 3 of Civil Law, provisions and regulations concerning intellectual property, and Government Regulation Number 16 of 199 7 as well as Minister Decree of the Minister of Industry and Trade 259/MPP/KEP/7/1997. Second, foreign, franchisor and Indonesian franchisees are legally protected lo carry on the franchise system In Indonesia. Third, cases of dispute between a foreign franchisor and a Indonesian franchisee can be settled in court or submitted and arbitration.