Franchise by Li'iza Diana Mangzil

Waralaba (English : Franchising ; French : Franchise ) for honesty or freedom) is the rights to sell a product or service or services. Meanwhile, according to the Indonesian government version , which is a franchise is engagement where one party is given the right to utilize and or use of intellectual property rights ( IPR ) or a business meeting of the characteristics of any party to a reward based on the requirements set by the other party of supplying and or penjualanbarang and services.
Meanwhile, according to the Indonesian Franchise Association , which is a franchise are :
A system of distributing goods or services to end customers , where the brand owner ( franchisor ) gives rights to individuals or companies to conduct business with the brand , name , systems , procedures and ways set out in this period of time covering a particular area .
Franchisor and franchisee
In addition to understanding the franchise , also needs to be explained what is meant by the franchisor and the franchisee .
• franchisor or franchisor , is a business entity or individual which entitles the other party to utilize and or using property rights to inventions or characteristic intelektualatau its business .
• The franchisee or franchisees , business entity or individual is given the right to utilize and or use of intellectual property rights or inventions or characteristic possessed franchisor.
type of franchise
Franchising can be divided into two:
• Franchising abroad, tend to be preferred because the system is more obvious, was received at various world brand, and felt more prestigious.
• Franchising in the country, is also one of the investment options for people who want to quickly become entrepreneurs but do not have enough knowledge of early tools and business continuity is provided by the franchisor.
franchise fees
Franchise fees include :
• The starting fare , starting from Rp . 10 million to Rp . 1 billion . This fee covers the expenses incurred by the franchisor to make the effort and expenses in accordance with spesifikasifranchisor use of IPR .
• The cost of royalties , franchisees paid every month of operating profit . The amount of royalty fees ranging from 5-15 percent of the gross income . The cost of proper royalties is 10 percent . More than 10 percent of the costs usually are marketing needs to be accounted for .
Franchising in Indonesia
In Indonesia , the franchise system began to be known in the 1950s , with the advent of motor vehicle dealers through the purchase of a license . The second development started in the 1970s , with the start of the system plus the purchase of the license , the franchisee is not just a supplier , but also have the right to manufacture its products. So that the franchise can evolve rapidly , the main requirements that must be possessed of the territory is a binding legal certainty for both the franchisor and franchisee . Therefore , we can see that in a country that has a clear legal certainty , rapidly growing franchise , for example in the U.S. and Japan . The cornerstone of the rule of law will be the format franchise in Indonesiadimulai on June 18, 1997 , by the issuance of Government Regulation ( PP ) No. . 16 of 1997 on Franchising . PP. 16 of 1997 on this franchise has been repealed and replaced by Regulation No. 42 of 2007 on Franchising . Subsequently other provisions that support the rule of law in business format franchising is as follows:
• Decree of the Minister of Industry and Trade of Republic of. 259/MPP/KEP/7/1997 Date July 30, 1997 on the Procedure of Registration Provisions Franchise .
• Regulation of the Minister of Industry and Trade of Republic of. 31/M-DAG/PER/8/2008 on the Implementation of Franchising
• Law . 14 of 2001 on Patents .
• Law . 15 of 2001 on brands .
• Law . 30 Year 2000 on the Trade Secrets .
Many people are still skeptical about the rule of law , especially in the field of franchising in Indonesia. But at this time to seek legal certainty with business format franchise is much better than prior to 1997 . This is evident from the increasing number of legal protection to protect the franchise business . Franchise development in Indonesia, particularly in the field of fast food establishments rapidly . This is possible because we are based entrepreneurs as franchisees ( franchisees ) are required to develop the business through a master franchise it receives by way of search or appoint franchisees continued . Using the pyramid system or systems of cells, a business format franchise network will continue to expand . There are several franchisee associations in Indonesia , among others APWINDO ( Indonesian Franchise Association ) , GUARDIAN ( Franchise and License Indonesia ) , AFI ( Indonesian Franchise Association ) . There are several franchise consultants in Indonesia , among others IFBM , The Bridge , Hans Consulting , FT Consulting , Ben Warg Consulting , JSI and others. There are several franchise exhibition in Indonesia which periodically hold roadshows in various regional and national scope such as the International Franchise and Business Concept Expo ( Dyandra ) , Franchise License Expo Indonesia ( Panorama convex ) , Info Franchise Expo ( Neo and Indonesian Franchise Magazine ) .
rate of return
Rate of return of a franchise is worth at least 15 percent of the value .
Others
• In Indonesia, a rapidly growing franchise and is still very profitable franchises in the food sector ( Wong Solo, Sapo Oriental , CFC , Hip Hop , Red Crispy , Papa Rons and many other brands ) .
• Franchise shaped mini retail outlet ( Indomaret , Yomart , Alfamart ) spread to many parts of densely populated villages and settlements .
• In the field of ICT or Information and Communication Technology , also began to demand in the last 3 years developing several areas such as distribution franchise printer refill ink / cartridge ( Inke , X4Print , Veneta , etc. ) , computer education ( widyaloka , Binus ) , distribution of computer equipment ( Micronics Distribution ) , Bio / NetCafe ( Multiplus , Java NetCafe , Net Ezy ) , JSI Solutions Consulting , etc. .
• The franchise is also beneficial in the field of education ( Science Buddies , ITutorNet , Primagama , Sinotif ) , there are more interesting robot Schools ( Robota Robotics School ) , playgrounds ( SuperKids ) and kindergarten ( FastractKids , Kids2success , Townfor Kids ) , English Education ( EF / English First , ILP , Direct English ) etc .
• The development of brands and franchises in the country quite rapidly and the franchise exhibition fairs in the country seen many brands of Indonesian national brands compete with global and regional brands

refrensi:
1.    Random House Webster's Unabridged Dictionary, 2nd Edition
2.    Oxford Learners Pocket Dictionary, New Edition
3.    Peraturan Pemerintah Nomor 16 Tahun 1997
4.    Pasal:1, PP No.16 Tahun 1997 Tentang Waralaba

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Intellectual Property Rights (IPR) by Li'iza Diana Mangzil

Intellectual Property Rights ( IPR )
Intellectual Property or Intellectual Property Rights ( IPR ) or Intellectual Property is a commonly used synonym for Intellectual Property Rights ( IPR ) or Geistiges Eigentum , in his German language [ 1 ] . Terms or terminology of Intellectual Property Rights ( IPR ) is used for the first time in 1790 . Is Fichte who in 1793 said of the property of the creator is in his book . The definition of property rights as the object here is not a book , but the book in terms of its content . [ 2 ] The term IPR consists of three key words , the Rights , Property , and Intellectual . Wealth is an abstraction that can be owned , transferred , purchased , or sold .
The intellectual property is an asset for any production wit intellect such as technology , science , art , literature , song composition , writing , caricature , and others that are useful to humans . [ 4 ] The object that is set in IPR is the works arising or born as human intellectual abilities [ 5 ] IPR system is the right of private (private rights ) . One is free to apply or enroll intellectual works or not . Exclusive rights granted to the individual state actors IPR ( inventor , creator , designer and so on ) nothing else is meant as a tribute to the work ( creativity ) and his so others can be encouraged to further develop it further , so that the IPR system that the public interest is determined through the market mechanism . In addition the IPR system to support the holding of a good documentation system for all forms of human creativity that generates the possibility of technology or other works of the same can be avoided or prevented . With the support of good documentation , it is expected that people can use it to the maximum for the purposes of his or develop it further to give even higher [ 6 ]
 Theory of Intellectual Property Rights
Theory of Intellectual Property Rights ( IPR ) is strongly influenced by John Locke's ideas about property rights . In his book , Locke says that the property of a man against the resulting object that has existed since man was born . Objects in the sense here is not only the tangible objects but also abstract objects , the so-called property rights to intangible objects that are the result of human intellect [ 7 ]
Scope of IPR
Broadly speaking, the IPR is divided into two parts , namely :
1 . Copyright ( Copyrights )
2 . Industrial Property Rights ( Industrial Property Rights ) , which includes :
• Patents ( Patent )
• Industrial Design ( Industrial Design )
• Brand ( Trademark )
• Management practices of unfair competition ( repression of unfair competition)
• Design the layout of integrated circuits ( layout design of integrated circuit)
• Trade secrets ( trade secret )
• Protection of Plant Varieties ( Plant Variety Protection )
Legal nature of the IPR
Laws governing intellectual property rights are territorial , registration or enforcement of IPR should be done separately in each relevant jurisdiction . IPR IPR protected in Indonesia is already registered in Indonesia.
So to protect human creations Haki is very necessary and has important benefits for the creators and their heirs of the results obtained royalties


Catatan Kaki:
1.    Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
2.    Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi hal 13. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
3.    Sutedi, A. Hak Atas Kekayaan Intelektual, halaman 38. Sinar Grafika, 2009
4.    Buku Panduan Hak Kekayaan Intelektual, halaman 7. Ditjen HKI, 2006
5.    Buku Panduan Hak Kekayaan Intelektual, halaman 7. Ditjen HKI, 2006
6.    Locke, Two Treatises of Government, edited and introduced by Peter Laslett, 1988, hal. 285 dalam Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi hal 7. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
7.    Buku Panduan Hak Kekayaan Intelektual, halaman 9-12. Ditjen HKI, 2006

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RIBA AND INTEREST ON BANK By Li'iza Diana Mangzil

Fiqh Muamalah VIEWS AND ISLAMIC ECONOMICS
RIBA AND INTEREST ON BANK
A.    Understanding Riba and Interest Bank
According to The American Heritage Dictionary of the English Language : Interest is " A charge for a financial loan , usually a precentage of the amount loaned ." ( see H. Karnaen A. Perwataatmadja , SE , MPA ) . [1]
Interest is the amount of money paid or for use of capital . The amount is expressed as a rate or percentage of capital that has to do with the so-called interest rate capital .
Originally meaning " usury " in Arabic is better (worse ) . As for the question here by Personality ' riba is an agreement that terjai with that particular exchange , the same is not known whether or not according to the rules of Personality' or too late to receive it. [2]
First time in the term riba known by revelation early prophetic treatise dimakkah most likely in the fourth or the beginning of the Hijra based on early downs paragraph usury [3] . The classical commentators argue , that the meaning of usury here is a gift . Based on this interpretation , according to Azhari ( d. 370H/980 M ) and Ibn Mansur ( d. 711H/1331M ) consists of two forms of riba riba which is prohibited and which are not prohibited [4] . But in reality the term Riba is only used to mean the imposition of debt on the principal amount loaned [5] .
While the term al - Jurjani defines usury with excess / extra payment without any compensation / remuneration , which is required for one of the two parties who make the contract / transaction [6] .
There are several opinions above in explaining usury , but generally there is a common thread which asserted that usury is taking additional , both in buying and selling and borrowing in falsehood or contrary to the principles of the Islamic Muamalat .
Concerning this Allah reminds the word: " O ye who believe, do not take your neighbor's property by way of falsehood " ( Surat an - Nisa : 29 ) . In connection with the above paragraph about the meaning of al - vanities , Ibn Al - Arabi Al - Maliki , in his book Ahkam al - Qur'an ( see Syafii Anotonio ) , explained : that understanding the language of usury was extra ( Ziyadah ) , but is usury in the verses of the Qur'an that any additions are taken in the absence of a replacement transaction or counterweight sharia justified " [7]
The definition of a replacement transaction or balancing the business or commercial transaction that legitimizes the existence of additional fair . Transactions such as sale, mortgage , lease , or the results of the project .
Referring to the explanation of the above definition of usury and interest , it can be concluded that the same interest with usury . [8] Why is that , in real terms because the conventional banking operations , the interest paid by borrowers on loans to those who do obviously is additional . Because customers do transactions with banks in the form of borrowing cash . In the Islamic concept of lending his name known with his name Qardh ( Qardhul Hasan ) is a benevolent loans . Where Allah SWT , said :
" Who will lend to Allah a good loan ( spend their wealth in the way of Allah ) , then Allah will double meperlipat payment to him with a lot of double fold . And Allah narrow and paved ( sustenance ) and unto Him you shall be returned . " ( Q. S Al - Baqarah : 245 )
Qardh no additional loans , so how much is borrowed then returned for that too . However , different if the contract or transactions contain purchase , rent or profit sharing .
So , in the savings and loan funding transaction , the lender conventionally take the form of additional interest that the absence of an acceptable balance of the borrower it is usury which has been forbidden by Allah in the Quran and Hadith as follows :
" Allah has made buying and selling and forbidden usury " Surah Al - Baqarah : 275 and also in the hadith the Prophet said : " Jabir said that the Messenger of Allah curse those who receive usury , those who pay , and those who recorded it , and two witnesses , then he said , " They 're all the same . " (Muslim no. 2995 in the book Al - Musaqqah ) [9]
B. Usury laws and Bank Interest
The whole ' scholars agree on the prohibition of riba , whether little or much withheld . One can not master the property of usury , and the treasure should be returned to the owner , if the owner is known , and he is entitled to his property subject only.
Al - Quran and Sunnah with sharih have explained the prohibition of usury in its various forms , and seberapun much he collected . Allah says
الَّذِينَ يَأْكُلُونَ الرِّبا لا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
"People who eat (take) usury can not stand but as stands one whom Satan possessed because (pressure) disease they are such crazy circumstances, it is because they Says (argued), actually buying and selling the same as usury," whereas Allah has made buying and selling and forbidden usury. People who had to ban him from his Lord, then continues stopped (from taking usury), then for him what he has taken first (before coming ban), and its affairs (up) to God. People who return (taking usury), then that person is the dwellers of Hell; them abide therein ". [Surah Al-Baqarah (2): 275]. [10]
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبا إِنْ كُنْتُمْ مُؤْمِنِينَ، فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُؤُوسُ أَمْوَالِكُمْ لا تَظْلِمُونَ وَلا تُظْلَمُونَ
O ye who believe, fear Allah and give up what remains of riba (which is not collected) if ye are believers. So if you do not do (of war), then know that Allah and His Messenger will fight you. And if you repent (from taking usury), then you staple your treasure; You do not persecute and not (also) be persecuted ". [TQS Al Baqarah (2): 279]. [11]
 دِرْهَمُ رِبَا يَأْكُلُهُ الرَّجُلُ وَهُوَ يَعْلَمُ أَشَدُّ مِنْ سِتٍّ وَثَلَاثِيْنَ زِنْيَة
3. "One dirham of riba is eaten someone, and he knew (that it is usury), then it is more severe than sixty times adultery". (Reported by Ahmad from Abdullah bin Hanzalah).
الرِبَا ثَلاثَةٌَ وَسَبْعُوْنَ بَابًا أَيْسَرُهَا مِثْلُ أَنْ يَنْكِحَ الرَّجُلُ أُمَّهُ, وَإِنَّ أَرْبَى الرِّبَا عَرْضُ الرَّجُلِ الْمُسْلِمَ
"The Riba has 73 doors, being the lightest as a man who menzinai mother, and evil of usury is disturbing the honor of a Muslim". (Ibn Majah).
لَعَنَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّباَ وَمُوْكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ, وَقَالَ: هُمْ سَوَاءٌ
"The Messenger of Allah cursed the people devour usury, which gives usury, the author, and two witnesses. Belia said; They are all the same ". (Reported by Muslim)
In the book of al - Mughniy , Ibn Qudamah said , " Usury is forbidden by the Book , the Sunnah , and ijma ' . As for the book , pengharamannya based on the word of Allah , " al - Wa harrama usury " ( and Allah has forbidden usury ) ( Al - Baqarah : 275 ) and the following verses . Whereas the Sunnah ; been narrated from the Prophet that he said, " Flee by 7 cases destroy you " . The Companions asked , " What is that, O Messenger of Allah ? " . Prophet replied , " partners with Allah , magic , killing the soul that Allah has forbidden except with haq , consuming riba , consuming the orphan's property , fleeing war , accusing the women good believer commits adultery " . Also based on a history , that the Prophet has cursed the person who devour usury , representatives , witnesses , and the author " . [ HR . Imam Bukhari and Muslim ] ... And Muslims have consensual regarding prohibition of usury . "
   Imam al - Syiraaziy in the Kitab al - Muhadzdzab states ; usury is forbidden cases . Keharamannya based on the word of Allah , " al - Wa ahall Allahu al - bai ` wa al - riba harrama " ( Allah swt has made * trading and forbidden usury ) [ Al - Baqarah : 275 ] , as well as word , " al - ladziina yes ` kuluuna yaquumuuna laa al - riba al - ladziy yaquumu illa al - syaithaan yatakhabbathuhu min al - mass " ( people who devour usury can not stand , except as stands one whom possessed by demons ) " . [ al - Baqarah : 275 ] ..... Ibn Mas'ud narrated a hadith that the Prophet cursed the one who devour usury , representatives , witnesses , and the author " . [ HR . Imam Bukhari and Muslim ]
Imam al - Shan'aniy in the Book subul al - Salaam said ; entire Muslim Ummah has agreed on the prohibition of usury globally .
In the book of al - Thaalibiin I'aanat mentioned ; usury including major sin , even the greatest of the sins ( akbar al - kabaair min ) . Because the Messenger of Allah has cursed the person who devour usury , representatives , witnesses , and author . Moreover , Allah and His Messenger have declare war against the perpetrators of usury . In the book of al - Nihayah told that the sin of usury was greater than the sin of adultery , stealing , and drinking khamer . Syarbiniy in the Book of Imam al - IQNA ' also stated the same thing Mohammad bin Ali bin Mohammad al - Syaukaniy states ; Muslims agree that usury including major sin .
Imam Nawawiy in Sharh Saheeh Muslim also claimed that Muslims have agreed on the prohibition of riba jahiliyyah globally . Mohammad Ali al - Saayis in Paragraph Tafsiir Ahkaam said there had been an agreement on the prohibition of usury in the two types of this ( nasii'ah usury and usury fadlal ) . Prohibition of riba first kind defined by the Qur'an , while the second type of prohibition of riba defined by authentic hadith . Abu Ishaq in the Kitab al - Mubadda ' states ; prohibition of usury has become a consensus , based on the Qur'an and Sunnah . [12]
scholars today actually have ijma ' of the prohibition of bank interest . In dozens of conferences , conferences , symposia and seminars , economists Islamic world , Chapra find the realization of the agreement of the scholars on bank interest . Artiya none of the experts that economists say interest or be doubtful . Ijma'nya legal scholars about dikemukaka Umer Chapra interest in the book The Future of Islamic econmic , (2000) . All of them condemned and forbidden flower , both consumptive and productive , both small and great , because flower has a very bad impact on the world economy and the various countries . World economic crisis afflicting many countries which have occurred since the 1930 s / d in 2000 , is the most tangible evidence of the impact of the system of interest . [13]

C. Dan Riba Impact of Bank Interest
1.    For the human soul
this would lead to a feeling of selfish self , so do not know but yourself . This eliminates usury soul compassion , and a sense of humanity and social . More selfish than others [14]
2.    for the community
In public life it will lead to a hostile caste caste . Thus making the situation was not safe and sound . Instead of compassion and brotherly love that will arise but hostility and bickering that will be created in the community [15]
3.    For wheels of economic movement
Impact of the economic system is very dangerous usury economy .
a)    usurious economic system has generated a lot of economic crisis everywhere throughout history , in 1929 , 1930 , 1940s , 1950s , 1970s . 1980s , 1990s , 1997 and to date .
b)    under the economic system of usury , the world economy growth gap occurs more constant , so that the rich get richer the poor get poorer
c)    Interest rates also affect investment , production and creation of unemployment .
d)    Economic theory also teaches that the interest rate will be significantly raises inflation .
e)    The economic system of usury also developing countries plunged to a debt trap ( trap of debt ) are in , so as to pay only interest they have trouble , especially with anyway . [16]
Referensi:
1.    Abdullah saeed, Bank Islam Dan Bunga, terj Cet 1. Pustaka pelajar. Jakarta 2003
2.    Departemen Agama RI..  Al Qur’an dan Terjemahnya. Bandung. CV. Diponegoro. 2003
3.    KH. Didin Hafidhuddin, Tafsir al-Hijri, det 1. Yayasan Kalimah Thayyibah. Jakarta 2000.
4.    Drs. H. Kahar Masyhur. Beberapa Pendapat Menegenai Riba. Cet 3, Kalam Mulia Jakarta 1999
5.    Prof. Drs. H. Masjfuk Zuhudi, Masail Fiqhiyah. Cet 10, PT gunung agung. Jakarta, 1970
6.    Mudjab mahali. Asbabun Nuzul; Studi Pendalaman al-Qur’an Surat al-Baqarah-An Naas. Cet 1, Raja  grafindo. Jakarta, 2002
7.    Muhammad Ali Ash-ashabuni, Tafsir Ayat Ahkam Ash Shabuni, terj. Cet ke-4, PT. Bina ilmu. Surabaya,  2003
8.    Sulaiman Rasjid,  Fiqh Islam, Sinar Baru Algesindo, Bandung, 2002.

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