Tanggung Jawab Hukum antara Franchisee dengan Franchisor dalam Jual Beli Waralaba pada Outlet Minuman Soklat Banget

In this developing era, many societies make innovations in business fields by using an easy and instant way. That is a franchising business. The parties of buying and selling franchise are called as franchisor and franchisee. Therefore, the study of this franchising has some purposes which are: to know the agreement process between franchisee and franchisor in franchising of Soklat Banget beverage outlet, to know about the rights and obligations and also the rules in that franchising agreement, to know about the legal responsibility if one of the parties makes a mistake. The approach of this study is normative legal because this research relates to the legal aspect. This research is descriptive research that describes or explains legal responsibility toward franchising. The result of this research explains that there are three steps of the franchising agreement process. The first step is done during and after the franchising agreement is held. Before franchising agreement is held, the parties have to fulfill the administration and legal terms. Therefore, the agreement between the two parties is made in the form of a written deed agreement that binds the parties. Franchising agreement is made based on the legal terms of the agreement which is article 1320 of the civil code. When the agreement has been legalized so the parties' rights and the obligations need to be done at the same time, there will be some problems if the franchising agreement between franchisor dan franchisee is not completed. If the franchising agreement is not completed, it will cause financial loss for the other party. And this uncompleted franchising agreement causes financial loss to the other party, then it can be accounted for based on law because the franchising agreement functions as the law for the parties that bind itself. The mistakes made as a result of default can be accounted for under article 1243 of the Civil Code and if they commit acts against the law, they can be subject to Article 1365 of the Civil Code