Legal Certainty in International Franchising: A Comparative Study between Indonesia and Singapore
), Nur Asiah(2), Safa Nabila Lasabuda(3), Sri Indah Ramadhani(4)
(1) Faculty of Law, Universitas Pelita Harapan, Jakarta, Indonesia
(2) Faculty of Law, Universitas Pelita Harapan, Jakarta, Indonesia
(3) Faculty of Law, Universitas Pelita Harapan, Jakarta, Indonesia
(4) Faculty of Law, Universitas Pelita Harapan, Jakarta, Indonesia
Corresponding Author
Abstract
Introduction: The rapid expansion of international franchises into Indonesia creates complex legal dynamics, especially when foreign entities from developed countries such as Singapore face protectionist regulations in developing countries. One of the central issues that reflects this tension is the policy of limiting the number of foreign franchise outlets to a maximum of 250 outlets. These policies create ambiguity in legal norms, threaten legal certainty, and create potential conflicts between domestic market protections and international commitments within the global trade framework.
Purposes of the Research: This study aims to examine and analyze legal certainty in cross-border franchise agreements, focusing on the comparison of the legal system between Indonesia and Singapore.
Methods of the Research: Normative juridical approaches and comparative methods are used to explore differences in legal structures, the principle of freedom of contract, and the role of the state in regulating franchise schemes in both jurisdictions.
Results of the Research: This study found that Singapore, with its minimalist common law approach, provides a high degree of contractual flexibility for business actors. On the contrary, the Indonesian legal system tends to be interventionist but does not fully guarantee legal certainty due to ambiguity of norms and overlapping regulations. Therefore, this study recommends the importance of harmonization of cross-border regulations in supporting the legal certainty of international franchise agreements.Keywords
DOI
10.47268/sasi.v31i3.3039
Published
2025-09-30
How To Cite
@article{SASI3039,
author = {Aini Iman and Nur Asiah and Safa Lasabuda and Sri Ramadhani},
title = {Legal Certainty in International Franchising: A Comparative Study between Indonesia and Singapore},
journal = {SASI},
volume = {31},
number = {3},
year = {2025},
keywords = {Franchise Agreements; Cross-Country; Legal Certainty, Investment Law; Comparative Studies.},
abstract = {Introduction: The rapid expansion of international franchises into Indonesia creates complex legal dynamics, especially when foreign entities from developed countries such as Singapore face protectionist regulations in developing countries. One of the central issues that reflects this tension is the policy of limiting the number of foreign franchise outlets to a maximum of 250 outlets. These policies create ambiguity in legal norms, threaten legal certainty, and create potential conflicts between domestic market protections and international commitments within the global trade framework.Purposes of the Research: This study aims to examine and analyze legal certainty in cross-border franchise agreements, focusing on the comparison of the legal system between Indonesia and Singapore.Methods of the Research: Normative juridical approaches and comparative methods are used to explore differences in legal structures, the principle of freedom of contract, and the role of the state in regulating franchise schemes in both jurisdictions.Results of the Research: This study found that Singapore, with its minimalist common law approach, provides a high degree of contractual flexibility for business actors. On the contrary, the Indonesian legal system tends to be interventionist but does not fully guarantee legal certainty due to ambiguity of norms and overlapping regulations. Therefore, this study recommends the importance of harmonization of cross-border regulations in supporting the legal certainty of international franchise agreements.},
issn = {2614-2961}, pages = {283--295} doi = {10.47268/sasi.v31i3.3039},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3039}
}
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Legal Certainty in International Franchising: A Comparative Study between Indonesia and Singapore |
| 2. | Creator | Author's name, affiliation, country | Aini Nurul Iman; Faculty of Law, Universitas Pelita Harapan, Jakarta; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Nur Asiah; Faculty of Law, Universitas Pelita Harapan, Jakarta; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Safa Nabila Lasabuda; Faculty of Law, Universitas Pelita Harapan, Jakarta; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Sri Indah Ramadhani; Faculty of Law, Universitas Pelita Harapan, Jakarta; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Franchise Agreements; Cross-Country; Legal Certainty, Investment Law; Comparative Studies. |
| 4. | Description | Abstract | Introduction: The rapid expansion of international franchises into Indonesia creates complex legal dynamics, especially when foreign entities from developed countries such as Singapore face protectionist regulations in developing countries. One of the central issues that reflects this tension is the policy of limiting the number of foreign franchise outlets to a maximum of 250 outlets. These policies create ambiguity in legal norms, threaten legal certainty, and create potential conflicts between domestic market protections and international commitments within the global trade framework.Purposes of the Research: This study aims to examine and analyze legal certainty in cross-border franchise agreements, focusing on the comparison of the legal system between Indonesia and Singapore.Methods of the Research: Normative juridical approaches and comparative methods are used to explore differences in legal structures, the principle of freedom of contract, and the role of the state in regulating franchise schemes in both jurisdictions.Results of the Research: This study found that Singapore, with its minimalist common law approach, provides a high degree of contractual flexibility for business actors. On the contrary, the Indonesian legal system tends to be interventionist but does not fully guarantee legal certainty due to ambiguity of norms and overlapping regulations. Therefore, this study recommends the importance of harmonization of cross-border regulations in supporting the legal certainty of international franchise agreements. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2025-09-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3039 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v31i3.3039 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 31 Issue 3, September 2025 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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