Proceeding International Conference Restructuring and Transforming Law

Non-Disclosure Agreement in Its Application to Breach of Contract Lawsuits Referred to From Article 1320 of The Civil Code

2026-07-17T08:52:08+07:00

Indonesia, as a nation governed by law, as stipulated in the 1945 Constitution, makes law the fundamental regulatory framework for all aspects of life, including employment relationships. In its implementation, protecting trade secrets is crucial due to the increasing risk of leaking information of significant economic value. The legal instruments used are:Non-Disclosure Agreement (NDA), although until now there are no specific provisions in the law. This study aims to analyze whether the NDA is valid and legally binding in employment relations, referring to Article 1320 of the Civil Code. This study also examines the impact of violations of the agreement on breach of contract lawsuits, using a case study that occurred at PT Foom Lab Global. The method in this study uses a juridical-normative approach and focuses on the provisions of the law and analyzes the case that occurred. The legal materials include primary legal materials in the form of the Civil Code, Law 30/2000 concerning Trade Secrets, and court decisions, then secondary legal materials in the form of scientific readings. The study proves that the NDA is legally valid and binding if it is in line with the provisions of a valid agreement. In the case of PT Foom Lab Global against Sulfa Sopiani, the Defendant was proven to have committed a breach of contract in the form of violations of resignation procedures, violations of the non-competence clause, and potential violations of information confidentiality. The Defendant was sentenced to pay compensation of 800 million. This ruling states that NDAs can be legally enforced as long as they are drafted correctly and in a balanced manner. The study concludes that NDAs are an effective legal tool for protecting trade secrets, but their implementation must adhere to the principles of fairness and balance in employment relationships to avoid harming workers' rights.

Legal Responsibility of Entrepreneurs in Cases of Violation of Micro-Small Business Permits (IUMK) for Karak Crackers in Gadingan Village, Mojolaban District

2026-07-17T08:56:32+07:00

This research is motivated by the continued discovery of violations of the legal obligations of Micro and Small Business Permits (IUMK) by karak cracker entrepreneurs in Gadingan Village, Mojolaban District, which have the potential to result in legal liability consequences and hinder business protection and development. The purpose of this study is to determine and analyze the form of legal responsibility of karak cracker entrepreneurs in violation of business permits and to identify factors that cause low legal compliance of entrepreneurs with the obligation to have and comply with IUMK in Mojolaban Village. The research method used is empirical juridical legal research with a field approach through interviews, observations, and document studies of business actors and related agencies. The results of the study indicate that the legal responsibility of business actors for violations of IUMK in practice is mostly realized through guidance, assistance, and facilitation of permits by the local government, although normatively it is possible to apply administrative sanctions. In addition, low legal compliance is influenced by internal factors such as limited legal understanding, the perception that permits are not yet urgent, and digital literacy constraints, and external factors such as uneven socialization, weak supervision, lack of firm sanctions, and the strength of traditional business culture that has been passed down through generations.

Legal Analysis of Content Monetization by Influencers without Disclosure as A Violation of Consumer Protection Law

2026-07-17T08:59:41+07:00

The development of digital technology has driven a transformation in marketing practices through social media, giving rise to the phenomenon of influencer marketing as an effective promotional strategy. Influencers not only act as messengers but also function as economic actors who profit by monetizing content through endorsement activities. Problems arise when monetized content is not accompanied by disclosure regarding commercial relationships, thus potentially misleading consumers and violating the principle of transparency from the perspective of consumer protection law. This study is directed at analyzing the practice of content monetization without disclosure, identifying the forms of legal violations that occur, and examining the legal responsibilities of influencers from the civil, criminal, administrative, and ethical perspectives. The method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that this practice can be qualified as misleading advertising because it creates an imbalance of information between business actors, influencers, and consumers. In addition, influencers can be held legally accountable if the content they convey causes harm. This study concludes that influencers are part of digital advertising actors who are obliged to convey information transparently. Therefore, strengthening regulations related to disclosure obligations is needed to create effective and equitable consumer protection in the digital era.