Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Proportional Principles in Kumon Franchise Cooperation Agreement

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303336,
        author={Shafira Inan Zahid and Ery Agus Priyono and Dewi  Hendrawati},
        title={Proportional Principles in Kumon Franchise Cooperation Agreement},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={franchise proportionality principle standard agreement},
        doi={10.4108/eai.17-7-2019.2303336}
    }
    
  • Shafira Inan Zahid
    Ery Agus Priyono
    Dewi Hendrawati
    Year: 2021
    Proportional Principles in Kumon Franchise Cooperation Agreement
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303336
Shafira Inan Zahid1,*, Ery Agus Priyono1, Dewi Hendrawati1
  • 1: Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
*Contact email: Shafirainan@gmail.com

Abstract

Franchise is one form of standard agreement. The contents of the agreement are determined by the franchisor only, so that, in its contents, it allows an imbalance between the franchisor and the franchisee that will harm either party. This study addresses three issues, namely (1) Whether the agreement meets Article 1320 of the Civil Code, (2) Whether the agreement meets the principle of proportionality, (3) Legal consequences when the agreement does not meet the principle of proportionality. The research approach method used in writing this law is Normative Juridical. Normative jurisdiction is done by examining library materials which are secondary data. The results of the Kumon franchise agreement meet all the legal conditions of the agreement. The contents of the franchise agreement are found several articles that do not meet the principle of proportionality, although the Kumon franchise agreement can still be said to be valid and binding on the parties that made it because this agreement has met Article 1320 of the Civil Code.