I Gede Semara Jaya, Zainal Asikin, Hirsanuddin

Abstract:

The legal principle is a basic norm that is described from positive law and which by law is not ascribed to the more general rules. The principle of general law is more about the deposition of positive law in a society meant in terms of imposition of Dwangsom (forced money) which is a form of forced effort in the implementation of the decision of the State Administrative Court. The formulation of the problem in this paper is first. What relevant principles are used as the basis for imposing Dwangsom (forced money) in implementing the Decision of the State Administrative Court, Second? Country. The method used in this paper is a normative legal research method. The results of the study are as follows: relevant principles in the imposition of Dwangsom (forced money), namely the principle of fixed execution, namely the execution of State Administrative decisions submitted to the Judiciary namely State Administrative Courts in terms of imposition of sanctions, dominus litis principle, namely that judges play an active role both in terms of evidence up to the implementation of State Administrative decisions, the principle of balance, namely the principle used to balance the position of the parties in terms of sanctions in accordance with the level of error, erga omnes principle, namely that the State Administrative court ruling applies to anyone. The role and function of the bailiff is as a supporting / executing institution so that the TUN verdict can be implemented. The recommendation of this study is that State Administrative Judges in terms of deciding cases must always pay attention to the principles relevant to the imposition of Dwangsom (forced money), the role and function of the bailiff need to be regulated in the provisions of further legislation, the government must immediately implement implementing regulations in the implementation of Dwangsom (forced money).This research is normative research, the approach used is the approach to legislation (statute approach) and conceptual approach. In analyzing legal material, the analysis of legal interpretation and legal arguments is used so that it can be concluded that the existing legal material can be described qualitatively. The results of this study are as follows legal protection for franchisees in the event of late payment of Royalty fees by franchise recipients in a franchise agreement carried out by sanctioning the closing of outlets. The franchise recipient who defaults and if a dispute occurs, it will be resolved through an alternative dispute resolution path through negotiations in accordance with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also provided with the right of the franchisor to claim compensation to the franchisee who defaults on paying the Royalty fee for actual losses suffered and the benefits that should be obtained without the need to prove the loss by the franchisor.

Keywords: protection, franchise, royalty fee

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