| Summary: | Globalization of the economy brought changes to the economic system in
Indonesia including opens market opportunities of domestic products to international
markets and so do the opposite, one of them is franchise. The problem discussed in
this tesis is how the determination of the rights and obligation of a franchise
agreement between PT. Indomarco Primatama with CV. Yakusa and how is the
implementation of the legal protection between PT. Indomarco Prismatama with CV.
Yakusa upon the execution of franchise agreement.
This tesis used juridical empirical method. Type of the research is qualitative
descriptive to provide the data about aspects of the franchise agreement that is the
basic of legal business franchise. Analyss by reveiwing aspects of the issue in the
treaty of the franchise and then taken the conclusion. Research study references and
secondary data as well as associated with the primary description of the informant
parties who do franchise agreement and supported by the method of data collection
trough the library research.
The conclusion of this research is, first, the determination of the rights and
obligation of a franchise agreement used the standart agreement, the content of the
agreement is determined by a franchisor, CV Yakusa has no right to change the
content of the agreement. Second, Franchise agreement have legal protection aspect
of that chapter of the franchise agreement contains rules on the establishment of the
business requirements up to the end of the agreement and the inplementation of legal
protection of the dispute resolution done by family or use arbittration. As for the
suggestions that the importance of the strengthening government regulation No.
42/2007 that the franchise agreement which refers to the regulation also getting
stronger, as well as legal protection should the franchise agreement about providing
assurance in carrying out mutually beneficial cooperation and provide legal
protection of the parties over the raw deal that often elicits a dominant position.
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