Dennis Atallah, . (2025) KEADILAN HUKUM BAGI PEKERJA BERDASARKAN KLAUSUL NON-KOMPETISI DALAM KONTRAK KERJA. Jurnal USM Law Review, 8 (3). pp. 2226-2248. ISSN 2621-4105
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Abstract
This study analyzes legal justice for workers in the application of non-competition clauses in employment contracts, particularly in the context of unequal bargaining positions between employers and employees. Although non-competition clauses are commonly used to protect trade secrets and business interests, Indonesian labor law does not explicitly regulate their scope and limitations, resulting in legal uncertainty and inconsistent judicial decisions. This research employs a normative juridical method with statutory, conceptual, comparative, and case approaches, focusing on court decisions concerning non-competition clauses and comparing Indonesian practice with regulatory models in the United States. The findings reveal that the application of non-competition clauses may restrict workers’ constitutional right to work and hinder career mobility, especially when such clauses are imposed without proportional compensation and clear limitations. The study further demonstrates that excessive reliance on the principle of freedom of contract often undermines substantive justice for workers. The novelty of this research lies in offering a comparative regulatory framework that integrates justice-oriented principles, including reasonable duration, limited scope, and compensation requirements, as reflected in the Freedom to Work Act and consideration requirements applied in the UnitedStates. This study concludes that the establishment of explicit and worker-oriented regulations on non-competition clauses is essential to ensure legal certainty, balanced protection, and a fair labor market in Indonesia.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil : 2110611134] [Pembimbing : Suherman] [Ketua Penguji : Iwan Erar Joesoef] [Penguji 1 : Satino] [Penguji 2 : Suherman] |
| Uncontrolled Keywords: | Justice; Labor Law; Non-Competition Clause; Workers’ Rights |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | DENNIS ATALLAH |
| Date Deposited: | 16 Mar 2026 07:12 |
| Last Modified: | 16 Mar 2026 07:12 |
| URI: | http://repository.upnvj.ac.id/id/eprint/49322 |
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