Kepastian hukum pelaksanaan waralaba di Indonesia = Legal certainty of franchise implementation in Indonesia

Winarta, Patricia Ann (2007) Kepastian hukum pelaksanaan waralaba di Indonesia = Legal certainty of franchise implementation in Indonesia. Masters thesis, Universitas Pelita Harapan.

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Abstract

Franchise agreement is an agreement which one party is given the rights to exploit and or use the intellectual property right or invention or specific character of business that is owned by other party with a compensation based on any requirements and or sale of goods or services. It is known that franchise gives many benefits, inter alia safety aspects, proven system, and predictable results. From the safety side, franchise is a business that can lessen risk. For the franchisee, this gives much benefit because franchisee becomes the part of group having commitment to build a brand and dominate the market by using proven operational system. Franchisee does not need to search any effective methods to build business because there has been specific system to use. The matter that most needed for all of those things is the legal certainty. The objectives of this research are to identify the implementation of legal certainty toward the franchise implementation in Indonesia and the reason why the legal certainty must be given in the franchise implementation in Indonesia. This thesis is a normative juridical research which analize legal principles and legal systematics by analizing documents as secondary data. The research result shows that implementation of legal certainty toward the franchise implementation in Indonesia refers to the aspects stipulated in the Government Regulation Number 16 Year 1997 concerning Franchise. It is emphasized in article 2 of Government Regulation Number 16 Year 1997 that franchise is implemented based on written agreement between franchisor and franchisee. Article 3 of Government Regulation Number 16 Year 1997 stipulates in detail technical aspects of franchise agreement. The reason why the legal certainty must be given in the franchise implementation in Indonesia can be observed whether from the government side, franchisor side, franchisee side, or from the society side. From the government side, legal certainty is given in order to create conducive investment climate in Indonesia. With the conducive condition of investment climate, it is hoped that the next effect will arise in the forms as follows: widely-open job opportunities, significant-absorption of employees in the industries, and the strong and established business sector. From the franchisor side, legal certainty gives the safety and pleasure to the franchisor in investing and developing business in Indonesia. From the franchisee side, with the proven operational system, franchisee will easily operate this system. The guidance and support of franchisor will make franchisee will be able to run the franchise business well.

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