Legal Relationship Between Owner and Partner in Managing Non-Francy Culinary Branches: A Case Study of Bakso Hebat Mataram in Pekanbaru

Abstract

Many culinary businesses in Indonesia expand their operations through a non-franchise branch model, which relies on informal agreements between owners and partners rather than formal franchise regulations. This model offers flexibility and lower costs but creates significant legal uncertainty regarding rights, obligations, and accountability between the parties. This research aims to analyze the legal consequences of non-franchise branch partnership agreements and to identify the ideal form of legal protection for both owners and partners. The study adopts a normative legal research method with a qualitative approach, using literature studies and analysis of the Bakso Hebat Mataram case in Pekanbaru. Findings indicate that such agreements, while practically effective, are often incomplete and lack essential clauses such as intellectual property protection, dispute resolution, confidentiality, and non-compete provisions. These weaknesses expose both parties to potential contractual breaches and brand ownership conflicts. Therefore, the study recommends the formulation of a comprehensive written contract that fulfills the legal validity requirements under Article 1320 of the Indonesian Civil Code, accompanied by clear provisions on profit-sharing, operational standards, brand usage, and dispute settlement mechanisms.