Analisis Yuridis Putusan BANI dalam Sengketa PT Talkindo Selaksa Anugrah dengan Breadtalk,Pte, Ltd (Studi Putusan Nomor : 861/Pdt.Sus-Arbt/2023/Pn/Jkt.Brt)

Abstract

This research examines the settlement of default disputes in franchise agreements between PT Talkindo Selaksa Anugrah and BreadTalk Pte. Ltd. based on Decision Number 861/Pdt.Sus-Arbt/2023/PN Jakarta Barat. The research problems addressed are: first, the implementation of franchise agreements under Indonesian law; second, the legal consequences for the parties arising from default in franchise agreements; and third, the settlement of default disputes in franchise agreements between PT Talkindo Selaksa Anugrah and BreadTalk Pte. Ltd. based on the relevant court decision. This issue is significant because franchise agreements constitute a form of business cooperation that relies heavily on legal certainty and the proper performance of rights and obligations by the parties. This research employs normative legal research with a descriptive nature. The approaches used include the statutory approach and the conceptual approach. Research data were obtained through library research using primary legal materials in the form of statutory regulations, secondary legal materials such as legal literature and scholarly works, and tertiary legal materials as supporting references. All legal materials were analyzed qualitatively using a deductive method. The results of this research indicate that the implementation of franchise agreements in Indonesia is based on the principle of freedom of contract while adhering to the provisions of Government Regulation Number 35 of 2024 concerning Franchises. Default in franchise agreements gives rise to legal consequences in the form of obligations to perform, payment of compensation, and the possible termination of the agreement for the defaulting party. Furthermore, the settlement of default disputes between PT Talkindo Selaksa Anugrah and BreadTalk Pte. Ltd. is conducted through arbitration in accordance with Law Number 30 of 1999, where arbitral awards are final and binding. The West Jakarta District Court confirmed that there were no grounds for annulment of the arbitral award as stipulated in Article 70 of Law Number 30 of 1999; therefore, the arbitral award remains valid and legally binding.