KL, X.Cerelia
(2018)
Tinjauan yuridis pembocoran rahasia dagang = Juridical analysis on unlawful disclosure of trade.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
This research analyzes the application of Law Number 30 Year 2000 regarding
Trade Secret within a case of unlawful disclosure of a trade secret as decided by the
District Court of Bekasi in its verdict Number 280/Pdt.G/2008/PN.Bks. The
analysis is based on civil law perspective, which classifies whether the act of
unlawful disclosure of the trade secret is a form of breach of contract or tort. An
agreement is a tool which ties the rights and obligations between an employer and
an employee. One of the functions of an agreement is to guarantee the safety of the
trade secret information of a company. An information can be considered as a trade
secret if the information is not publicly known; has an economic value; and when
its secrecy is preserved. If a disclosure of information happens, it will be prejudicial
to a company. The existence of Law Number 30 Year 2000 regarding Trade Secret
is expected to guarantee the legal protection of the trade secret holder. The research
method used within this research is normative research with a descriptive type of
research. The data used within this research are primary data, secondary data, and
tertiary data which are then analyzed qualitatively. This research finds out a legal
fact that the unlawful disclosure of a trade secret which occurs within a contractual
relationship from an employment agreement, will impose legal sanctions to the
employee which unlawfully discloses it.
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