Perlindungan Hukum Hak Pemilik Informasi Rahasia Dagang dalam Perjanjian Kerja yang Tidak Mencantumkan Klausul Kerahasiaan Informasi Dagang

Abstract

Business secret is information unknown by people in the technological and/or business field. It has economic value because it is useful in business activity, and its secret is kept by the owner of business confidentiality which is protected by law, along with the existence of information related and begins to function in economic activities. It is common that the parties include clause of confidentiality in the contract in order to keep the information in secret. If it is attached to the contract, they have to adhere to the contract. The research problems are as follows: how about the obligation of employees who are bound to the work contract in keeping the information about business confidentiality owned by the company in secret, how about the legal consequence of the work contract which does not specify clause of confidentiality, and how about the legal protection for the owner of business information secret in the legal system in Indonesia. This research uses juridical normative method with descriptive analytic design. It also uses secondary data as the main data which are gathered by conducting documentary research. The result of the research shows that employees are responsible for their company to keep their company’s business confidentiality in secret. The way a company manages and control the confidentiality of its secret information highly influences the way its employees keep the information in secret. The first step done by an employer to protect his company’s business confidentiality is by making a work contract with his employees. The legal consequence of the work contract which does not specify the clause of secrecy about business confidentiality, the secret information owned by the company will potentially be disclosed or spread by those who receive the information.