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TINJAUAN YURIDIS TERHADAP PENERAPAN PERJANJIAN KERAHASIAAN (NON-DISCLOSURE AGREEMENT) DALAM MENJAGA KERAHASIAAN INFORMASI PERUSAHAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI DKI. JAKARTA NOMOR 460/PDT/2025/PT.DKI)
Industrial development has generated corporate ideas and innovations that constitute valuable assets in the business sector. Consequently, many companies utilize Non-Disclosure Agreements (NDAs) as legal instruments to protect their trade secrets. In the context of employment relationships, however, the implementation of NDAs may give rise to legal issues concerning justice for workers, particularly when such agreements fail to consider the relatively weaker bargaining position of employees and the proportionality of contractual restrictions that may threaten workers’ rights. This research aims to analyze the practice of implementing Non-Disclosure Agreements in business activities in Indonesia and to assess the legal reasoning of the panel of judges in the Decision of the Jakarta High Court Number 460/PDT/2025/PT. DKI Jakarta is consistent with the principle of justice. This type of research is a statutory approach and a case approach within a normative legal research framework. The analysis is conducted descriptively based on secondary legal sources, including primary legal materials, secondary legal materials, and tertiary legal materials. Data were collected from journals, books, theses, dissertations, scholarly articles, and relevant legislation, and were examined using a descriptive qualitative method. The research findings indicate that, first, a Non-Disclosure Agreement (NDA) is formally valid as a contract; however, there is no specific legislation governing its implementation, as it constitutes an innominate contract. In practice, NDAs rely on the principles of freedom of contract and pacta sunt servanda. Nevertheless, their application gives rise to legal issues due to understanding differences with other statutory regulations. Second, in rendering its decision in the Jakarta High Court Decision Number 460/PDT/2025/PT. DKI Jakarta, the panel of judges did not fully deliver substantive justice, as they failed to examine the impact of the Non-Disclosure Agreement and to analyze the circumstances under which the employee signed the agreement, which resulted in restrictions on workers’ rights. The judges’ legal reasoning relied solely on general contract law while disregarding considerations of Labor Law and Human Rights Law. Consequently, substantive justice was not achieved, and the decision reflects formalistic normative justice rather than substantive justice.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040203 Muhammad Ariiq Widhiatmoko
TINJAUAN YURIDIS TERHADAP PENERAPAN PERJANJIAN KERAHASIAAN (NON-DISCLOSURE AGREEMENT) DALAM MENJAGA KERAHASIAAN INFORMASI PERUSAHAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI DKI. JAKARTA NOMOR 460/PDT/2025/PT.DKI) (Text)
TINJAUAN YURIDIS TERHADAP PENERAPAN PERJANJIAN KERAHASIAAN (NON-DISCLOSURE AGREEMENT) DALAM MENJAGA KERAHASIAAN INFORMASI PERUSAHAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI DKI. JAKARTA NOMOR 460/PDT/2025/PT.DKI) (Other)
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