Perbuatan Melawan Hukum Dengan Pengakhiran Perjanjian Secara Sepihak Dalam Perjanjian Waralaba (Studi Putusan Nomor 5897 K/Pdt/2024)

Abstract

A franchise agreement is a bilateral agreement subject to the provisions of the Civil Code and specific franchise regulations. Unilateral termination of a franchise agreement without the consent of the other party may give rise to legal issues related to unlawful acts. This research analyzes Supreme Court Decision Number 5897 K/Pdt/2024 involving PT My Salon International as the franchisor and CV Agatha Carissa Aglaia along with Retno Margiastuti as the franchisees. The issues examined include the termination provisions of franchise agreements as bilateral agreements are regulated under the Civil Code, the elements of unlawful acts relate to the termination of franchise agreements by one party without the consent of the other party, and to analyze the judges' considerations and decisions regarding the elements of unlawful acts in connection with unilateral termination of franchise agreements. The research method employed is normative juridical research, descriptive in nature, using statutory and case approaches. Secondary data were collected through primary legal materials (legislation, court decisions, franchise agreements) and secondary legal materials (books, journals, scholarly articles). Data analysis was conducted qualitatively with deductive conclusions. The data collection technique consisted of library research and the data collection instrument was document study. This research demonstrates that the termination of franchise agreements is governed by Articles 1266 and 1338 Paragraph (2) of the Civil Code, which require the consent of the parties or a court decision. Unilateral termination satisfies the elements of unlawful acts under Article 1365 of the Civil Code, namely the existence of an unlawful act, fault, damages, and causal relationship. Unilateral termination constitutes an unlawful act even when there is a clause waiving Article 1266 of the Civil Code, as it violates the fundamental principles of contract law and the principle of good faith. This decision provides legal certainty that Article 1266 of the Civil Code is mandatory and cannot be simply waived, and affirms the importance of executing agreements in good faith and following proper procedures in terminating franchise agreements.