Tanggung Jawab Hukum antara Franchisor dengan Franchisee dalam Perjanjian Waralaba pada Outlet Khab Khun Thai Tea

The development of business in Indonesia is currently considered to be quite rapid. This rapid economic growth has given rise to various forms of business cooperation. The current business cooperation is very diverse. One of the business activities that are increasingly carried out by the community is by using the franchise method or franchising. The franchise agreement is a one-sided or standard agreement, namely an agreement made by the franchisor and the franchisee can only agree or not to the agreement. This study aims to determine the process of the franchise agreement, the rules and rights and obligations between the franchisor and the franchisee in the franchise agreement, as well as the legal responsibility if one of the parties makes a mistake in the franchise agreement at the Khab Khun Thai Tea outlet. The approach method used in this research is a normative approach which examines the legal aspects and legal rules relating to franchise agreements. This research is descriptive because in the research it describes and provides data as accurately as possible systematically and thoroughly regarding the legal responsibility between the franchisor and franchisees in a franchise agreement at the Khab Khun Thai Tea outlet. The results of this study indicate that in the franchise agreement process, there are three stages, namely the stage before the franchise agreement, the franchise agreement stage, and the franchise agreement implementation stage. In the stage prior to the franchise agreement, the parties must meet both legal requirements and administrative requirements. After fulfilling these requirements, the franchisee agrees to the contents of the agreement made by the franchisor. Then an agreement was signed, which was signed by the parties on the deed of the franchise agreement. Thus the agreement of the parties creates a legal relationship to exercise the rights and obligations of each party. If the franchise agreement is violated by one of the parties because of his mistake of not fulfilling obligations and violating applicable regulations, then the party who made a mistake and violated these rules must be responsible based on default in accordance with article 1243 of the Civil Code and acts against the law in accordance with article 1365 of the Civil Code. If proven, he must compensate according to applicable law