| Summary: | This research is about Juridical Review of Regulation on Business
competition supervisory commission of the Republic of Indonesia No. 6 Year 2009
concerning guideline the Exception Implementation of Act No. 5 Year 1999
concerning Prohibition of Monopoly Practice and Unfair Business Competition
toward Agreement related to Franchise. This research aims at finding out the rationale
of the issue of Commission Regulation No. 6/2009, the articles which their
implementations are not in exception of Act No.5/1999 as well as the implementation
of Commission Regulation No. 6/2009.
This research used qualitative data analysis that is data obtained from the
results of the research on literary and field research which are chosen or selected
based on the quality of the truth, relevant data with problems arranged systematically
and with deductive thinking method, then it is concluded to answer the problems.
The rationale of the issue of Commission Regulation No. 6/2009 is the
potential of monopoly practice and unfair business competition stated in articles in
the agreement on franchise or actions of business performers is monopolistic and
oligopolistic so it is worried that franchise business only becomes a �shield� for
business performers especially franchisor in doing actions which are opposite to Act
No. 5/1999. Commission Regulation No. 6/2009 also provides limitations of the
implementation of franchise especially in the agreement on franchise between
franchisor and franchisee. Provisions or clauses that are violate act No. 5/1999 such
as resale price maintenance, divison of market, requirements for purchasing supply of
goods and/or servise only from franchisor and non competition clause. The
implementation Commission Regulation No. 6/2009 involves several parties,
including Business Competition Supervisory Commission (KPPU), Ministry of
Commerce, and Business Parties.
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