KAJIAN YURIDIS TERHADAP PENERAPAN KLAUSULA NONKOMPETISI DALAM PERJANJIAN KERJA DI KABUPATEN SLEMAN

Lumbanraja, Ebenhaezar Parlindungan (2025) KAJIAN YURIDIS TERHADAP PENERAPAN KLAUSULA NONKOMPETISI DALAM PERJANJIAN KERJA DI KABUPATEN SLEMAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The application of non-compete clauses in employment contracts serves as a strategy to protect trade secrets and maintain competitive advantages, especially for companies in the information and communication sector. However, in Indonesia, there are no specific regulations governing these clauses, making their validity dependent on the legal requirements of employment contracts as stipulated in Article 52 of Law Number 13 of 2003 on Manpower. This creates a dilemma between the interests of companies in protecting trade secrets and the rights of workers to freely choose their employment, as guaranteed by labor laws, human rights, and economic, social, and cultural rights as outlined in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This study examines the implementation of non-compete clauses in Sleman Regency, Special Region of Yogyakarta, through empirical legal research using case studies on four limited liability companies in the information and communication sector (KBLI 620). The findings indicate that non-compete clauses cannot be applied to all types of companies but are specifically relevant to companies that possess trade secrets and competitors and require a time period for employees to forget confidential systems and information. Non-compete clauses can serve as a business protection instrument but must be applied proportionally to avoid violating principles of fairness and workers’ rights. Therefore, an active monitoring mechanism by the labor department is necessary to ensure that the applied clauses comply with existing legal provisions

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