Antitrust Law Analysis on the Abuse of Dominant Position in Franchise Agreements in Indonesia

This study examines the abuse of dominant positions in franchise agreements in Indonesia, highlighting power imbalances between franchisors and franchisees and their impact on market fairness, competition, and franchisee autonomy. Employing a normative juridical methodology, the research analyzes legal frameworks, including Law No. 5 of 1999 on Monopolistic Practices, complemented by comparative studies of international practices. The findings reveal gaps in Indonesia's regulations, enforcement challenges, and significant power asymmetries in franchising, underscoring the need for a dedicated regulatory framework, enhanced institutional capacity, and stakeholder engagement. Recommendations include adopting a Franchise Disclosure Document, dispute resolution mechanisms, and fostering local franchise growth.

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Publication Details

Journal
Journal of Legal and Cultural Analytics
Published
2025-02-27
DOI
https://doi.org/10.55927/jlca.v4i1.13464
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Antitrust Law Analysis on the Abuse of Dominant Position in Franchise Agreements in Indonesia

Alexander Kennedy, Astea Novtalia Liuman, Natallia Lai, Stefanie Claudia Abdi Muljo
Journal of Legal and Cultural Analytics
Legal Studies and Policies
article

Antitrust Law Analysis on the Abuse of Dominant Position in Franchise Agreements in Indonesia

Alexander Kennedy, Astea Novtalia Liuman, Natallia Lai, Stefanie Claudia Abdi Muljo
article en

Abstract

This study examines the abuse of dominant positions in franchise agreements in Indonesia, highlighting power imbalances between franchisors and franchisees and their impact on market fairness, competition, and franchisee autonomy. Employing a normative juridical methodology, the research analyzes legal frameworks, including Law No. 5 of 1999 on Monopolistic Practices, complemented by comparative studies of international practices. The findings reveal gaps in Indonesia's regulations, enforcement challenges, and significant power asymmetries in franchising, underscoring the need for a dedicated regulatory framework, enhanced institutional capacity, and stakeholder engagement. Recommendations include adopting a Franchise Disclosure Document, dispute resolution mechanisms, and fostering local franchise growth.

Journal of Legal and Cultural AnalyticsVol. 4(1)
Pelita Harapan University (ID)
Openalex Percentile: Top 93%
Legal Studies and Policies
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