ANALISIS ASAS KEPASTIAN HUKUM MENGENAI PENCANTUMAN KLAUSUL NON-KOMPETISI DALAM PERJANJIAN KERJA (Studi Putusan Nomor: 130/PDT.G/2016/PN.Blb)

Dhayinta Sasadara, NIM.: 19103040039 (2023) ANALISIS ASAS KEPASTIAN HUKUM MENGENAI PENCANTUMAN KLAUSUL NON-KOMPETISI DALAM PERJANJIAN KERJA (Studi Putusan Nomor: 130/PDT.G/2016/PN.Blb). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The non-competition clause is a clause that is often included in work agreements. This clause states that workers are prohibited from working and or opening a business in the same industry as the previous company for a certain period of time after termination of employment. The purpose of enacting this clause is to protect trade secrets and business information from competitors. The implementation of the non-competition clause often causes disputes between companies and employees when the employment relationship ends due to the limited freedom of workers to change jobs to other companies, even though every citizen has a constitutional right to work which is protected by law. One of the disputes over the non-competition clause is contained in Decision Number: 130/PDT.G/2016/PN.Blb which contains a breach of contract against a former employee for violating the provisions of the non-competition clause not to work for a competitor company after the employment relationship ends. The type of research used in this research is library research in which the problem is described by observing, studying, and reviewing various literary literature to draw conclusions and using a juridical-normative approach, namely research through a study of legal principles, laws, court decisions and legal systematics. The nature of the research is analytical descriptive by taking the problems that occurred when the research was conducted. The results of the study state that first, the non-competition clause in the work agreement does not fulfill the principle of legal certainty. This is because there are no clear rules and restrictions for the application of non-competition clauses in Indonesia so that the application of these clauses is often detrimental to workers' rights. Second, in Decision Number 130/PDT.G/2016/PN.Blb the Panel of Judges gave their opinion and considerations that the non-competition clause in the work agreement did not fulfill the terms of the agreement, namely a lawful cause so that the agreement was declared null and void by law. The cancellation of the work agreement is a form of legal protection for workers so that this decision provides justice and protects workers' rights.

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