ANALISIS PERJANJIAN WARALABA TERKAIT PENETAPAN HARGA OLEH FRANCHISEE DITINJAU DARI PRINSIP LARANGAN MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

The development of the franchise business in Indonesia, particularly in the automotive sector, is growing rapidly. However, it often raises issues related to pricing policies that may disrupt fair business competition and pose a risk of monopolistic practices. This study aims to analyze the rights and obligations of Franchisors and Franchisees regarding pricing in franchise agreements and to examine the contents of franchise agreements from the perspective of the prohibition of monopolistic practices and unfair business competition. This research employs a normative juridical method with a statutory approach, analyzing relevant regulations, including Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition and Government Regulation No. 42 of 2007 on Franchising. The findings indicate that Franchisors have the right to provide price recommendations to Franchisees. However, these recommendations must not impose absolute selling prices to ensure market competition remains open. On the other hand, Franchisees are required to adhere to the pricing guidelines set by the Franchisor but should retain the flexibility to adjust prices based on local market conditions and consumer needs. Overly rigid pricing policies may create an imbalance in business competition, ultimately harming consumers and leading to monopolistic practices. Therefore, it is crucial for Franchisors to develop franchise agreements that allow flexibility in pricing to foster healthy and sustainable market competition.