Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations

Introduction: This article analyzes legal protection of trade secrets through the implementation of Non-Disclosure Agreements (NDAs), particularly in cases of employee violations. The study is based on Case Number 14/Pdt.Sus-PHI/2020/PN Dps as a case study to assess the effectiveness of NDAs within the scope of Indonesian labor law.Purposes of the Research: The purpose of this research is to examine the role of NDAs as legal instruments in protecting corporate trade secrets from breaches of confidentiality by employees, and to evaluate the binding power of such agreements in industrial dispute resolutions.Methods of the Research: This study employs a normative juridical method, using both case and statutory approaches. Data were obtained through a literature review of relevant regulations, jurisprudence, and case documents, analyzed qualitatively.Findings of the Research: The findings indicate that NDAs are legally valid as supplementary employment agreements that can safeguard corporate interests. However, their effectiveness depends heavily on the clarity of contractual clauses, their alignment with employment relations, and the willingness of employers to assert their rights in court. This study contributes to the development of trade secret protection concepts in Indonesia, particularly within the labor law domain, and highlights the need for more specific and comprehensive regulation of NDAs.

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Publication Details

Journal
TATOHI Jurnal Ilmu Hukum
Published
2025-09-30
DOI
https://doi.org/10.47268/tatohi.v5i7.3299
Primary Topic
Trade Secret Protection Methods
Type
article
Field-Weighted Citation Impact
0.00

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article

Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations

I Gede Agus Kurniawan, Putu Nadia Monica Putri
TATOHI Jurnal Ilmu Hukum
Trade Secret Protection Methods
article

Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations

I Gede Agus Kurniawan, Putu Nadia Monica Putri
article en

Abstract

Introduction: This article analyzes legal protection of trade secrets through the implementation of Non-Disclosure Agreements (NDAs), particularly in cases of employee violations. The study is based on Case Number 14/Pdt.Sus-PHI/2020/PN Dps as a case study to assess the effectiveness of NDAs within the scope of Indonesian labor law.Purposes of the Research: The purpose of this research is to examine the role of NDAs as legal instruments in protecting corporate trade secrets from breaches of confidentiality by employees, and to evaluate the binding power of such agreements in industrial dispute resolutions.Methods of the Research: This study employs a normative juridical method, using both case and statutory approaches. Data were obtained through a literature review of relevant regulations, jurisprudence, and case documents, analyzed qualitatively.Findings of the Research: The findings indicate that NDAs are legally valid as supplementary employment agreements that can safeguard corporate interests. However, their effectiveness depends heavily on the clarity of contractual clauses, their alignment with employment relations, and the willingness of employers to assert their rights in court. This study contributes to the development of trade secret protection concepts in Indonesia, particularly within the labor law domain, and highlights the need for more specific and comprehensive regulation of NDAs.

TATOHI Jurnal Ilmu HukumVol. 5(7)
University of National Education (ID)
Universitas Pattimura
Openalex Percentile: Top 69%
Trade Secret Protection Methods
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Protection of Trade Secrets Through Non-Disclosure Agreements Against Worker Violations — I Gede Agus Kurniawan, Putu Nadia Monica Putri · TATOHI Jurnal Ilmu Hukum (2025) | TGRS Research Map | TGRS