Advances In Social Humanities Research
Vol. 3 No. 5 (2025): Advances In Social Humanities Research

Measuring The Validity of Unilateral Non-Competition Clauses in Employment Agreements: A Civil and Employment Law Perspective

Rismarini, Kornelia (Unknown)
Rachmania, Bella Nadhillah (Unknown)
Arizal, Verly (Unknown)



Article Info

Publish Date
07 Jun 2025

Abstract

This article examines the non-competition clause in employment agreements, particularly in the context of industrial inequality and the protection of workers' constitutional rights. Through a normative juridical approach and analysis of the Central Jakarta Court of International Relations (PHI) Decision No. 106/Pdt.Sus-PHI/2019/PN.Jkt.Pst. This article shows that non-competition clauses that are not proportionately arranged and without proper compensation can be declared null and void because they violate the principle of balance and the principle of the right to work. The ruling marks a paradigm shift in the court from a formalistic to a substantial approach in assessing employment contracts. The findings in this article also underscore the importance of regulatory reform and legal education for workers, in order to prevent exploitative clauses in employment agreements. This article recommends that treaty law in the context of employment should always be subject to the principles of substantive justice and protection of the weak.

Copyrights © 2025






Journal Info

Abbrev

vo

Publisher

Subject

Humanities Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Advances In Social Humanities Research is a double blind peer-reviewed academic journal and open access to social and humanities fields. The journal is published monthly by Sahabat Publikasi Advances In Social Humanities Research provides a means for sustained discussion of relevant issues that fall ...