WARALABA DAN HUKUM (Studi Tentang Perlindungan Hukum dalam Perjanjian di Lembaga Bimbingan Belajar Smartgama Karanganyar)

Abstract

This study aims: (1) To describe the relationships between legal subjects involved in franchising agreement in Smartgama tutoring agency, Karanganyar district. (2) To describe the legal covering the activity of Smartgama Tutoring Agency. (3) To explore the ideal model of the franchise agreement in the field of education. This study took place in the Smartgama Tutoring Agency, at Perintis Kemerdekaan street No 5 Jetis Karanganyar. The method used is a normative juridical approach. Techniques of data analysis are descriptive qualitative. Data collected is then analyzed to obtain clarity of problem solving, inductive reasoning and drawing the conclusions. Results of the study are: 1) The regulations of legal relations in the franchise agreement are on: the name and address of the agency types of intellectual property rights; business activities; rights and obligations of the agency; aid facilities, operational guidance, training, and marketing of the franchisor to the granted franchisee; areas of business; term of the agreement; manner of payment of remuneration; ownership, change of ownership, and heir; settlement of disputes; renewal procedures, termination, and severance agreements. 2) If a franchise agreement in Smartgama Karanganyar is protection for the franchisor in terms of: Payment of compensation; cancellation of the agreement; Resolution. There is no protection for the franchisee in terms of: transitional risks and intellectual property rights. 3) The agreement is ideal in terms of the franchise: franchisor must register its intellectual property rights of “smartgama” trademark, rights and obligations of the parties should be spelled out in detail and are made in a separate article. The responsibilities of the parties in the event of overmatch should be included in separate article of franchise agreement.