Penyelesaian Sengketa Terhadap Wanprestasi Franchise Usaha Rumah Makan Nasi Goreng Kambing Kebon Sirih (Studi Putusan No. 74/Pdt.G/2021/PN Btm)

Abstract

The development of technology makes people enjoy all the convenience in getting information, one of which is in the business sector. Franchise business is currently growing rapidly in society. Franchising as a rapidly growing business model in Indonesia, involves complex agreements that bind the franchisor (franchisor) and franchisee (franchisee). A case study on the Nasi Goreng Kambing Kebon Sirih Restaurant business in Batam City is used to illustrate the impact and implementation of breach of agreement. The main focus of this study is to examine the regulation of default related to violation of the franchise agreement reviewed from positive law in Indonesia, as well as to identify the forms of default that occur in the business. In addition, this study also analyzes the considerations and decisions of judges related to violations of the franchise agreement in the decision in question. The normative juridical method is applied through an analysis of regulations related to agreements, defaults, and franchises, as well as reviewing relevant court decisions. Settlement is carried out through the court process, with mediation as the initial stage before a decision is made. In the interpretation explained, the defendant was found guilty of default because he neglected to fulfill his obligations and did not implement the agreement on time. The judge decided to cancel the agreement and ordered the defendant to pay material damages to the plaintiff. The results of this study conclude that the legal provisions related to default in franchise agreements are quite clear, but consistency is needed in law enforcement to create justice and fairness for both parties.