PENGATURAN HUKUM KEMITRAAN WARALABA DENGAN USAHA MIKRO KECIL (UMK) BERBASIS ASAS EFISIENSI BERKEADILAN DALAM RANGKA PENGEMBANGAN EKONOMI KERAKYATAN

Abstract

Abstract Government efforts to join Micro and Small Enterprises (MSEs) and franchise face various problems, among others, because both have a very different philosophical background and on the other side of the law partnership that is precisely contrary to the spirit of community economy as stated in article 33 of the Constitution NRI 1945 (4) which is based on the principle of fair efficiency. This study seeks to answer the problems of partnership between MSEs and franchise-based principles of justice.The type of this research is "paradigmatic hermeneutic" using normative or dogmatic approach to the law as the main approach. Based on the research it could be conclude that: The meaning of the principle of fair efficiency was the creation of investing justice, fairness sought, and justice compete. All three have a very important value in giving directions and guidelines for the construction of partnerships are built and will be developed by MSEs and franchises. The ideal partnership arrangement is legal construction partnership arrangements based on the principles of fair efficiency as mandated by the 1945 Constitution, Article 33 paragraph (4) to uphold the values of justice, solidarity, balance, transparency, and the principle of mutual benefit.