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Gilalo, J Jopie
Fakultas Hukum Universitas Djuanda Bogor
Law, Crime, Criminology & Criminal Justice

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EFFORTS TO ENSURE THE IMPLEMENTATION OF A HEALTHY COMPETITION Gilalo, J Jopie
DERECHTSSTAAT Vol 1, No 1 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i1.404

Abstract

ABSTRACTFair business competition is expected to grow and thrive in the dynamic economy in Indonesia. In accordance with the mandate of the Constitution of 1945 with the characteristics of the economic system in Indonesia is Pancasila which is the basic framework of the government policy to foster and develop the Indonesian economy. The existence of Act No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition Antitrust Law, provides boundaries for businesses (Enterprises) are prohibited to carry out business activities that are not in accordance with the law. Business Competition Supervisory Commission (KPPU) as the supervisory agency of the implementation of Anti-Monopoly Law provide effectiveness of law enforcement for the business person who violates this law. Although the implementation of the Commission are still many obstacles of some decisions decided by the Commission against business people who commit fraud are not in accordance with the Anti-Monopoly Law, but the decision of the Commission at least be able to provide a deterrent for business people who commit fraud. Keywords : Business Competition, Democracy, Economy
PRINCIPLES OF BALANC E IN THE FRANCHISE A GREEMENT VIEWED FROM ARTICLE 1338 OF THE CIVIL CO DE Gilalo, J Jopie
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.398

Abstract

ABSTRACTBusiness franchise is already a business activity to invest quickly in a way the distribution system and marketing of a product of goods and or services. Shape franchise made with a covenant between franchisor and franchisee. Problems in the agreement, if the position between the rights and obligations of both parties had been balanced in the implementation of the bonds they created. Franchise agreement is a contract specially (not named). Based on the Law of Treaties in Indonesia Franchise agreements as was as contract law, which refers to Article 1338 of the Civil Code with the fulfillment of the terms of contract law. In addition, the legal umbrella which provides franchise business, namely in the form of regulations issued by the government for guarantees in this business, even though the principle of balance in terms of an agreement, the franchise agreement has not been providing some balance to the franchise yet.
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