Analisis Hukum Terhadap Perbuatan Melawan Hukum Pada Perjanjian Waralaba Yang Diakhiri Sepihak Oleh Penerima Waralaba (Franchisee) (Studi Putusan No 854/Pdt.G/2022/Pn Jkt.Sel)

Abstract

Economic and business developments demand legal certainty, especially in franchise agreements which are a method of distributing goods and services widely. Franchise agreements are not specifically regulated in the Civil Code, so they refer to the principle of freedom of contract. However, in practice, there is often unilateral termination by franchisees, which has the potential to cause legal disputes. The formulation of the problems in this study, namely, among others: (1) How is the legal responsibility of the franchisor in a unilaterally terminated franchise agreement? (2) What is the legal impact of unilateral termination in a franchise agreement? (3) How is the analysis of the judge's consideration in a unilaterally terminated franchise agreement in decision number 854/Pdt.G./2022/PN Jkt.Sel? This thesis uses a descriptive normative legal research method. The research data used consists of primary, secondary, and tertiary legal materials collected through literature studies with data analysis using qualitative analysis methods. The results showed that the unilateral termination of the franchise agreement by the franchisee without valid reasons, correct procedures, and good faith fulfills the elements of a tort, namely the violation of law, fault, real loss, and causal relationship between the act and the loss. The franchisee's legal responsibility in unilateral termination may shift to the franchisor through internal and external justifications, relating to the franchisor's involvement in business operations or public perceptions that link the franchisee's actions with the franchisor. This unilateral termination has the potential to cause losses to the franchisor, such as the emergence of new competition and uncovered investment costs, so the franchise agreement needs to be structured with clear and detailed clauses to prevent disputes. Dispute resolution can be done through litigation or non-litigation channels, with an emphasis on the importance of legal certainty and business stability. The study of Decision No. 854/Pdt.G/2022/PN.Jkt.Sel confirms that unilateral termination without consent is an unlawful act that results in the obligation of material compensation.