This article examines the enforceability of non-compete clauses under Indonesian employment and contract law. It analyzes their legal basis, human rights implications, and judicial precedents.
INTRODUCTION Behind its aim to accelerate economic growth through increasing investment and job creation, the Law Number 6 of 2023 on Job Creation (Job Creation Law) has sparked significant controversy, particularly among workers and labor unions concerned about their...
Introduction Wages are one of the essential elements in employment relationships. The Central Government (“Government”) determines wage policies to realize fair industrial relations. One of the important issues in wage policy is the minimum wage policy. The minimum...
Introduction Employment sector is one of the most crucial sectors affected by the issuance of the Law No. 11 of 2020 concerning Job Creation (“Job Creation Law”). As we are aware, Job Creation Law amends several important provisions under Law No. 13 of 2003 on the...
Background Escalation of number of people with Covid-19 positive and the amount of death caused by Covid-19 in Indonesia lead the President of Republic of Indonesia determinate the condition of health emergencies based on Presidential Decree No. 11 of 2020 on...
Background The Government of Republic of Indonesia enacted the Minister of Manpower Regulation Number 3 of 2019 on Amendment of Minister of Manpower Regulation Number 18 of 2017 on Procedures of Mandatory Report on Employment in System (“Manpower Regulation No....
Background Indonesia Government issued a new regulation namely President Regulation No. 20 of 2018 on Use of Foreign Manpower, This regulation will enter into force 3 months after 29 March 2018 President Regulation No. 20 of 2018 was issued with the following...
Background On 5 June 2017, several employees of PLN filed a constitutional review towards Article 153 (1) (f) of Law No. 13 of 2003 on Manpower (“Manpower Law”), as follows: “Employer is prohibited to conduct termination of employment due to the employee concerned...
A. Background On 21 March 2017, the Minister of Manpower enacted the Minister of Manpower Regulation No. 1 of 2017 on Wage Structures and Scales (“Minister Regulation No. 1/2017”). The Minster Regulation No. 1/2017 is the implementing regulation of Law No. 13 of 2003...