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All Journal SIGn Jurnal Hukum Conference on Community Engagement Project (Concept)
Wulan Purnamasari
Universitas Internasional Batam
Arts Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Other

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LEGAL ASSISTANCE IN APPLYING FOR TRANSFER OF LAND RIGHTS SUBMISSIONS IN KANTOR NOTARIS & PPAT RIAN SUGITO, S.H., M.Kn. Wulan Purnamasari; Abdurrakhman Alhakim
ConCEPt - Conference on Community Engagement Project Vol 2 No 1 (2022): Conference on Community Engagement Project
Publisher : Universitas Internasional Batam

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Abstract

Lands in Indonesia aren’t all managed by the capital and central government. Every region has institutions selected to manage and achieve rights to land managements. Specifically, in Batam, a body called Badan Pengusahaan Batam is the selected institution to conduct such function by the state. Rights to the land management also included rights to transfer of land rights through purchase and procurement, trade, participation of capital and bequest. This right include Rights to build and Rights to use. This usage of right must be followed title transfer when transfer of rights occur. These rights require written agreement from the institute that has the rights to the land management, which is BP Batam in te form of land transfer permission approval and within its development, the approval is requested and processed through an online system. BP Batam uses an application named Land Management System or LMS and its implementation isn’t fully effective. Based on this background, the author would like to conduct an assistance to apply for the request of land transfer permission approval and title transfer. The author will conduct observation to gather necessary data within the program.
Konflik antara Perlindungan Rahasia Dagang dan Hak Pekerja dalam Klausul Non-Kompetisi Wulan Purnamasari; Elza Syarief; Rina S. Shahrullah
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.273

Abstract

This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.
Co-Authors Abdurrakhman Alhakim Elza Syarief, Elza Rina S. Shahrullah