The Legal Force of a Notarial Deed in Franchise Dispute Resolution

The role of a notary in drafting a franchise agreement is crucial to ensuring that the agreement complies with applicable laws. Government Regulation (PP) Number 35 of 2024 on Franchising does not specifically regulate certain clauses, resulting in legal ambiguity within the regulation. This issue raises questions about how the clauses in a franchise agreement are formulated in a notarial deed and the legal force of the notarial deed as valid evidence in the event of a dispute between the parties. This issue is examined using a normative legal research method with a descriptive-analytical approach, analyzing legal materials such as legislation and scholarly papers. The research employs a document study technique to collect legal materials, and the analysis focuses on the legal uncertainty found in PP Number 35 of 2024 on Franchising. The findings indicate that the formulation of clauses in a franchise agreement must fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code (KUH Perdata), covering both subjective elements (agreement and capacity of the parties) and objective elements (the existence of a lawful object and cause). Furthermore, a notarial deed reflects the principle of legal certainty, as explained by Subekti and Van Apeldoorn. The deed ensures that the law is applied consistently and predictably, providing protection for the parties who have entered into the agreement.