TINJAUAN YURIDIS NON-COMPETITION CLAUSE DALAM PERSPEKTIF HUKUM KETENAGAKERJAAN DI INDONESIA

A non-competition clause is a contractual provision between an employer and employee that usually prohibits the employee from working for a competing company, or starting a similar business with the same business model, within a certain geographical area and period of time after the employee's employment period ends. This research aims to find out how to analyze the use of non-compete clauses in the perspective of contract law. The type of research used in this research is a normative juridical with a statutory approach and a conceptual approach by analyzing legal norms and laws and regulations carried out by literature study. The results of this study is there are no specific regulations regarding non-competition clauses and that they do not meet the legal requirements of an agreement which causes non-competition clauses to be null and void. Furthermore, based on the research analysis, non-competition clauses are contrary to the Manpower Law, namely labor equity and workers' rights in the form of choosing and getting a job. Although, the use of non-compete clauses is often misused, this clause is one of the company's strategies so that workers who have worked cannot arbitrarily use trade secrets or provide information to competitors in order to avoid monopolistic practices and unfair business competition. The regulation of non-competition clauses in the states of California and Massachusetts is related to the prohibition of the use of non-compete and the regulation of non-competition clauses with certain conditions. Therefore, in order to create justice and legal certainty, it is necessary to add an article to the Manpower Law on restrictions so that the non-competition clause is not misused and harmonization between workers and employers is created.