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All Journal Media Hukum Indonesia (MHI)
Prabandari, Ditia
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Law, Crime, Criminology & Criminal Justice

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Pentingnya Penegakan Hukum dan Hak Asasi Manusia Terhadap Narapidana di Penjara (Studi Kasus Lapas Narkoba Kelas IIa Yogyakarta 2022) Zevanya, Keisha; Hania, Sally; Alysha, Nabila; Prabandari, Ditia; Arista, Naurah; Syajidah, Hanna Alicia; Manohara, Safa; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study reviews the urgency of law enforcement and protection of human rights (HAM) for prisoners in correctional institutions, with a focus on the Class IIA Yogyakarta Narcotics Prison. Based on the 2022 Komnas HAM report, human rights violations were found in the form of torture and inhumane treatment of inmates. This study uses a normative legal approach by relying on secondary data from legal regulations, scientific literature, and investigative reports. The findings show that the correctional system still faces various serious problems related to human rights protection, such as a weak supervision system and the practice of abuse of power. This study recommends the implementation of the Optional Protocol to the Convention Against Torture (OPCAT), correctional policy reform, and officer training based on human rights values. This study is primarily intended to contribute to the development of a correctional institution that is safe, humane, and adheres to the principles of justice.
Analisis Wanprestasi dan Penerapan Klausul Non-Competition dalam Putusan Mahkamah Agung Nomor 1785 K/Pdt/2023 Alysha, Nabila; Rahmadani, Fitri; Prabandari, Ditia; Alicia, Hana; Manohara, Safa; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17866260

Abstract

This article analyzes the relationship between breach of contract (wanprestasi) and the enforcement of non-competition clauses in employment agreements, using the Supreme Court Decision Number 1785 K/Pdt/2023 as the main reference. The research aims to examine three core aspects: (1) the legal status of post-employment obligations as binding performance, (2) the determination of prohibited actions within non-competition clauses, and (3) the limitation of contractual liability only to parties who expressly bind themselves under the principle of privity of contract. The method used is normative juridical analysis through statutory interpretation, judicial reasoning, and doctrinal review. The study finds that non-competition clauses constitute negative performance that continues to bind workers even after the employment relationship ends, as long as the clause is clearly formulated and mutually agreed upon. The Supreme Court affirms that any form of involvement direct or indirect with a competitor within the agreed period constitutes breach of contract. However, contractual liability cannot be extended to third parties unless they actively participate in the breach. The findings highlight the need for proportionality, clarity of scope, and fairness in enforcing non-competition clauses within Indonesia’s legal framework.
Co-Authors Alicia, Hana Alysha, Nabila Arista, Naurah Fitri Rahmadani, Fitri Hania, Sally Manohara, Safa Mulyadi M, Mulyadi Ramadhani, Dwi Aryanti Syajidah, Hanna Alicia Zevanya, Keisha