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Journal : Journal of Innovation Research and Knowledge

PELINDUNGAN HUKUM UNTUK PENYEDIA JASA ATAS WANPRESTASI PEMBAYARAN YANG DILAKUKAN OLEH PENGGUNA JASA DALAM PERJANJIAN KERJA KONSTRUKSI Ahmad Haekal; Felicitas Sri Marniati; Irhamsah, Irhamsah
Journal of Innovation Research and Knowledge Vol. 4 No. 10: Maret 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v4i10.9891

Abstract

Construction work agreements are the basis for legal relations that develop between service providers and service users in the context of construction services, according to Undang-Undang Nomor 2 Tahun 2017 tentang Jasa Konstruksi (UUJK). This relationship is under the scope of civil law, especially agreements. The phenomenon occurs, service users do not pay their obligations to service providers. The problem formulation of this research is how legal responsibility for payment default to service providers in construction work agreements and how is legal protection for service providers for payment default by service users in construction work agreements. The legal theory used in this research is the Agreement Theory from Subekti and the Legal Protection Theory from Satjipto Raharjo. The method used in this research is normative juridical research, specifically library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used Statue Approach, Case Approach, Analytical Approach, Conceptual Approach and the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journal and other legal sources. The method used in analyzing legal material (interpretation). Grammatically and systemic and legal construction methods. From the research, the right form for service providers of not getting from a service provider is the payment that should be paid by the service user after fulfilling their obligations legal protection can achieve for service providers from valid agreements. A valid agreement will create laws for each party. The rights can be sued.
PERLINDUNGAN HUKUM PERUSAHAAN TERKAIT PELANGGARAN RAHASIA DAGANG DALAM PERJANJIAN KERJA Febrianti Anastasya Sarah Amelia; Irhamsah, Irhamsah; Felicitas Sri Marniati
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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Abstract

A trade secret refers to information unknown to the public in the fields of technology and business that has economic value due to its usefulness in business activities and is kept confidential by the trade secret owner. In every company, employees perform tasks that expose them to the company’s trade secrets. Therefore, employment agreements are established. However, these trade secrets are sometimes disclosed by employees even after they leave the company. This research formulates the legal consequences of employment agreements between companies and employees concerning trade secret violations, as well as the legal protection available for companies as trade secret owners in the event of such violations.This research applies the legal protection theory by Satjipto Raharjo and the legal consequences theory by R. Soeroso. The research method used is normative juridical research, which involves legal literature studies or secondary data sources, including primary, secondary, and tertiary legal materials. The research approach includes statutory, analytical, conceptual, and case study approaches. Legal material collection techniques involve identifying and inventorying positive legal rules, book literature, journals, and other legal sources. Legal material analysis techniques involve grammatical and systematic legal interpretation, as well as analogy and legal refinement construction methods.The findings indicate that the legal consequences of employment agreements between companies and employees to protect trade secrets may restrict individuals' rights to choose, obtain, or change jobs, which conflicts with statutory regulations. The Indonesian Civil Code (KUHPerdata) has provisions regarding non-compete agreements in employment contracts. However, Indonesian law does not explicitly regulate limitations on the use of clauses that could harm employees in employment agreements. Employment agreements must meet the objective elements of an agreement, including clear limitations on competing companies, timeframes, and geographic scope.Legal protection for companies as trade secret owners in the event of employment termination ensures that trade secrets remain legally protected even after the employment agreement ends. This is because trade secrets are directly protected by law as long as the information remains confidential, has economic value, and is safeguarded. Preventive legal efforts by companies include establishing standard rules regarding trade secret protection, both during and after employment, since the Trade Secret Law ensures continuous protection as long as confidentiality is maintained.
PERLINDUNGAN HUKUM BAGI PEMILIK KAPAL TERKAIT TIDAK DIPENUHINYA KEWAJIBAN BAYAR OLEH PENCARTER DALAM PERJANJIAN CARTER KAPAL LAUT MENURUT WAKTU Febbyanti Rahmadian; Felicitas Sri Marniati; Irhamsah, Irhamsah
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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Abstract

A time-based ship charter agreement, as a reciprocal contract, obligates the shipowner to provide the vessel to the charterer and requires the charterer to pay the charter fee to the shipowner. This study aims to examine the legal consequences arising from the charterer's failure to fulfill the payment obligation to the shipowner, using an analysis based on the theory of legal consequences as presented by R. Soeroso. Additionally, this study seeks to explore the legal protection available to the shipowner in relation to the charterer's non-fulfillment of payment obligations, applying the legal protection theory proposed by Satjipto Rahardjo The method used in this research is a type of normative juridical research, namely literature law research or secondary data with sources of primary, secondary, and tertiary legal materials. The research approaches used are legislation, analysis, case, and conceptual approaches. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, literature, books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out by grammatical, systematic legal interpretation and legal construction methods.From the results of the study, it can be obtained that the legal consequences of non-implementation of the payment obligation by the charterer are in the form of fulfillment of the agreement, fulfillment of the agreement with compensation for damages, compensation for damages, cancellation of mutual agreements, or cancellation with compensation for damages. The legal protection provided to ship owners is by the rules of material law and formal law in laws and regulations.