PELANGGARAN KLAUSUL NON-COMPETITION DALAM PERJANJIAN KERJA SEBAGAI WANPRESTASI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1785 K/PDT/2023)

This study examines the violation of a non-competition clause in an employment agreement as wanprestasi (breach of contract), with the object of study being Supreme Court Decision Number 1785 K/Pdt/2023 involving PT Tri Hita Citra Persada against Michael Christopher King and PT Bumi Mata Lindo. The study aims to analyze the legal standing of non-competition clauses in contract law based on the principle of freedom of contract and its limitations, as well as to assess the accuracy of the Supreme Court's qualification of the clause violation as wanprestasi. The method employed is normative juridical legal research with statutory, conceptual, and case approaches, drawing on primary legal materials consisting of the Civil Code, Supreme Court Decision Number 1785 K/Pdt/2023, and Law Number 30 of 2000 on Trade Secrets, with qualitative legal material analysis as the analytical technique. The findings indicate that the non-competition clause in the Contract of Employment dated October 14, 2019 is declared valid and binding under Article 1338 paragraph (1) of the Civil Code, as it satisfies the validity requirements of a contract under Article 1320, contains no prohibited cause pursuant to Article 1337, and carries a legitimate purpose of protecting the company's business interests. The Supreme Court, through its majority opinion, qualified the violation as wanprestasi under Article 1243 of the Civil Code, and such qualification is juridically justifiable as all elements of wanprestasi are satisfied. This study concludes that a non-competition clause in an employment agreement is valid under the principle of freedom of contract insofar as it fulfills Articles 1320 and 1337 of the Civil Code. The violation of such a clause is appropriately qualified as wanprestasi under Article 1243 of the Civil Code, although qualification as a trade secret violation under Law Number 30 of 2000 would be more comprehensive. This study recommends revision of the Job Creation Law, application of a proportionality test by judges, and the simultaneous filing of cumulative claims for both wanprestasi and trade secret violation.