Kedudukan Non Disclosure Agreement (NDA) Dalam Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan (Studi Putusan Nomor 155/Pdt.G/2024/Pn Jkt.Sel)

Saragih, Deardo Pieter (2025) Kedudukan Non Disclosure Agreement (NDA) Dalam Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan (Studi Putusan Nomor 155/Pdt.G/2024/Pn Jkt.Sel). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Issues regarding rights and obligations in the world of employment today cannot be denied, as they often result in companies suing their former employees for violating Non-Disclosure Agreements (NDAs) that contain non-competition clauses. This study analyzes the decision number 155/Pdt.G/2024/PN Jkt.Sel, which partially granted the plaintiff's claims. The panel of judges considered the ratio decidendi based on the employment agreement signed by the parties. The research problem formulation includes the ratio decidendi in the decision and labor protection in accordance with the laws and regulations. This study aims to analyze the judges' ratio decidendi and labor protection in accordance with applicable laws and regulations. This study uses a normative legal method with a statute approach, conceptual approach, and case approach. Data collection was conducted through a literature review of relevant legal materials. The results of the study show that the violation of the Non-Disclosure Agreement (NDA) containing a non-competition clause does not meet the objective requirements of the agreement in accordance with Article 1320 of the Civil Code, namely a lawful cause, as it contradicts Article 28D paragraph (2) of the 1945 Constitution, Article 38 paragraph (2) of the Human Rights Law, Article 31 of the Labor Law, and thus the agreement is null and void. Keywords: Non-Disclosure Agreement (NDA), Non-Competition Clause, Ratio Decidendi.

Item Type:

Thesis (Undergraduate)

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