Franchise practices sometimes still experience problems even though an
agreement has been reached between the franchisor and franchisee, including
failure to fulfill the rights and obligations of the franchisor and franchisee. The
purpose of writing this research is to find out how legal protection is in
implementing a franchise agreement between the franchisor and the franchisee at
the company PT Mister Burger Pelita Harapan Indonesia which is domiciled in the
Sleman Regency area and whether the franchiser can terminate the agreement.
unilaterally with the franchisee. Data collection was carried out using empirical
research methods by conducting interviews with respondents. Based on the results
of the research that has been carried out, the franchise agreement between the
franchisor and the franchisee, the franchisor provides a guarantee to the franchisee,
and the franchisor provides a guarantee to the franchisor. Based on Article 1338
paragraphs 1 and 2 of the Civil Code which reads as follows, it is stated that all
agreements legally made by the parties are valid as law for those who make them.
This means that everyone has the right to enter into any agreement, whether
regulated by law or not, as long as it does not conflict with the law, public order
and moral norms. These agreements cannot be withdrawn except with the consent
of both parties, or for sufficient reasons according to law. The results of further
research found that the franchisor could be said to be in default because he did not
comply with the contents of the agreement in terminating an agreement due to
violations committed by the franchisee. Because the agreement does not contain a
clause that overrides the provisions of Article 1266 of the Civil Code, if there is a
breach of contract or cancellation of the agreement, it is necessary to go through
the process of requesting an annulment by the court and judge.