Proses Penyelesaian Perkara Wanprestasi dalam Jual Beli Franchise Outlet Pinky Guard (Studi Kasus di Pengadilan Negeri Sukoharjo)

Putra, Furqon Romadhoni Abdullah and , Nuswardhani, S.H, S.U (2020) Proses Penyelesaian Perkara Wanprestasi dalam Jual Beli Franchise Outlet Pinky Guard (Studi Kasus di Pengadilan Negeri Sukoharjo). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

In 2018 there were problems with the franchise agreement that had entered the realm of the court and had been decided by the judge of the Sukoharjo District Court. Franchisee (franchise recipient) entered into a Pinky Guard Outlet franchise business collaboration which would operate in Manado with the Defendant in the Surakarta area. Pinky Guard Outlet Business. It turned out that after the plaintiff had fulfilled the obligation by handing over a number of franchise business payments, the defendant did not fulfill the plaintiff's rights by providing the required equipment. The Defendant has defaulted due to not fulfilling or failing to carry out the obligations specified in the agreement made to the franchisee. Defaults or broken promises can occur intentionally or unintentionally. Article 1267 of the Civil Code explains that if the party to whom an agreement is not fulfilled can vote, force the other party to fulfill the agreement if it can still be done or demand the cancellation of the agreement with reimbursement of costs, losses and interest.This study aims to a) to find out the process of buying and selling pinky guard franchise outlets; b) to find out the judge's consideration in determining the proof of the case of default sale and purchase of the pinky guard franchise; c) to find out the judge in determining the case decision on the sale and purchase of the pinky guard Franchise outlet. The method of approach used in this research is the normative method, because in this study the law will be examined, the legal principles regarding the process of settling defaults in the sale and purchase of the Pinky Guard Franchise Outlet. The type of research used is descriptive, which is to clearly describe the process of settlement of breach of contract in the sale and purchase of the Pinky Guard Franchise Outlet. The Pinky Guard franchise outlet sale and purchase agreement between the Plaintiff and the Defendant if seen based on Article 7 PP No. 42 of 2007 concerning Franchises in conjunction with Article 5 of the Ministerial Regulation. Trading No. 12M-DAG / PER / 3/2006 Regarding the Provisions and Procedures for the Issuance of Franchise Business Registration Certificates stating that the Defendant is in breach of contract. The judge in the evidence assessed that the Defendant's answer did not refute the entire Plaintiff's claim. The Defendant stated in his exception that the Plaintiff returned the Manado Pinky Guard Outlet to the Defendant, the Judge in legal judgment stated that the Defendant was considered to have committed a default because he did not return the amount of money agreed in the sale and purchase agreement of the franchise. given is in the form of compensation. The contents of the judge's decision are as follows: a) Grant the plaintiff's claim in part; b) Declare the Defendant has breached the Plaintiff; c) Punish the Defendant to pay money and goods that have been received by the Defendant in the amount of Rp. 155. 000. 000.00 (one hundred fifty-five million rupiah) to the Plaintiff; d) Refuse the Plaintiff's claim besides and the rest; e) Punish the Defendant to pay the costs incurred in this case in the amount of Rp1. 006.,000.00 (one million and six thousand rupiah).

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	case of default,, franchise sale and purchase, settlement trought of a district court
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	FURQON ROMADHONI ABDULLAH PUTR
Date Deposited:	11 Aug 2020 05:38
Last Modified:	11 Aug 2020 05:38
URI:	http://eprints.ums.ac.id/id/eprint/84537

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