Franchising has become a business magnet in all sectors, including business sector in Islamic countries. In Indonesia, with large number of Muslim population, franchising is estimated to be able to boost the national economy by up to 60%. Unfortunately, the achievements from the economic aspect associated with this franchise business cannot be followed by achievements in the legal aspect, especially in the aspect of contracts that bind the parties. Franchise contracts, as a manifestation of partnerships as regulated in Law No. 20 of 2008 concerning SMEs, which are generally standardized, do not provide equal legal protection for the parties, especially for franchisees. The approach used in this study is philosophical normative. The conclusion of this study showed that the contents of the foreign franchise contract document shows more prominence in the aspect of legal certainty, compared to the aspect of benefit, let alone the aspect of justice.
Key words: partnership, franchise, contract, Indonesia
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