ASPEK KEADILAN DALAM KONTRAK BISNIS DI INDONESIA (Kajian pada Perjanjian Waralaba )

Abstract

The agreement, the essenceis agreement,is characterized by a meeting of mind, the parties toachieve an agreed goal in order to provide maximum benefit for the parties. Agreements like a legaldocument should meet at least three elements as stated by Gustav Radbruch, namelyjustice, legalbenefits, and certainty, but the fact is that the legal certainty aspect (in principle Pacta Sunservanda) ismost prominent even sometimes ignoring justice. This article aims to uncover why this happens, what isthe reason and how is the solution. Approach to philosophical normative research is used to analyzecontract documents referring to the relevant regulations and the principle of agreement. As aconclusion, there is no justice achievement for the parties, especially the franchisee, because thefranchisor's bargaining position is very strong, not balanced when compared to the weak bargainingposition of the franchisee. This has an impact on the contents of the contract that is made entirely bythe franchisor, which certainly tends to provide the greatest benefit to the franchisor.Keywords: Agreement; Franchise; Justice; Philosophical Normative.

Keywords

• agreement
• franchise
• justice
• philosophical normative