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 The sale and purchase of property is a fundamental legal relationship in society. The significance of this transaction lies in protecting the rights of consumers and sellers, as well as ensuring legal certainty provided by the state. Every transaction...
Deceit in the formation of an agreement is a reason to cancel it. This relates to the subjective condition of an agreement's validity, which relates to the presence or absence of legitimate consent. Article 1328 of the Indonesian Civil Code (ICC) stipulates: A fraud...
Cost, losses and interest can be claimed if a party breaches a contract under the Indonesian Civil Code (ICC). It is possible to either claim the interest rate according to the law or determine the desired interest rate by reference to, for example, the credit...
A valid agreement is binding to the parties who made it. This is the principle of "pacta sunt servanda". Nevertheless, there are exceptions to this principle: judges may also consider the aspects of justice, appropriateness and balance. This article discusses an...