Analisa Hukum Mengenai Pelaksanaan Perjanjian dan Perlindungan Para Pihak dalam Perjanjian Waralaba (Studi Putusan Ma Nomor 1064k/Pdt/2020)

Abstract

The impact of revocation of a control by franchisor unilaterally harms the franchisee; therefore, the latter will file a complaint for compensation, and vice versa as what happens in the Supreme Court Ruling No. 1064K/Pdt/2020. The research problems areas follows: how about the resolution of conflict between PT.MySalon and Ratnasari Lukitaningrum in the franchise contract, how about legal protection for the franchisor when default done by franchisee, and how about judges’ consideration about franchise dispute concerning default by franchisee in the Supreme Court Ruling No. 1064K/Pdt/2020. The research employs juridicial normative and descriptive analytic method with statue and case approaches. The data are gathered by conducting library research which is obtained by primary, secondary and tertiary legal materials. The conclusion is drawn by using qualltative method. The result of research shows that the resolution of the dispute in franchise contract between PT.MySalon and Ratnasari Lukitaningrum is done by litigation. Legal protection for the franchisor when default is done by the franchisee can be seen in the Decree of the Minister of Trade of the Republic of Indonesa No. 53/M-DAG/PER/8/2012, Article 33 and the judges legal consideration on default of franchisee in the Ruling No.1064K/Pdt/2020. Here, the panel of Judges is correct when it accepts the request for cassation from the petitioner and rejects the Ruling of the Higher Court of DKI Jakarta Seltan District Court No.612/Pdt.G/2017/PN.JktSel on May 9/2018. The plaintiff’s provison complaint is rejected completely and states that the complaint of the plaintiff in the reconvention cannot be accepted. The franchisor and the franchisee should register franchise prospectus and franchise contract. This registration will be useful for the franchisee because she will get strong legal proection which will give mutual trust.