CASE STUDY OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION FOR FOREIGN WORKERS IN FOREIGN EMBASSIES: TOWARDS AN IDEAL LEGAL CERTAINTY

Abstract

Background: The resolution of Industrial Relations Disputes (IRDP) involving Foreign Workers (FW) and Foreign Missions in Indonesia is particularly unique and warrants further examination. This is due to its involvement with complex international law, particularly concerning diplomatic immunity and state immunity, making achieving an ideal resolution for foreign workers and providing legal certainty challenging. The issue revolves around determining the ideal IRDP resolution to offer legal certainty to Foreign Workers employed in Foreign Missions. Methods: This legal study analyzes relevant laws, concepts, and cases to identify an ideal resolution. Sources include international law, Indonesian national law, and foreign case studies. Results: The ideal resolution of Industrial Relations Disputes (IRDP) between FW and Foreign Missions in Indonesia must consider various aspects to ensure legal certainty. In the context of UNCJIS ratification, the Indonesian Government needs careful consideration before deciding to enact this convention. Conclusion: The Indonesian Government, not having enacted UNCJIS 2004 into its national law, would find it challenging to provide legal certainty to FW working in Foreign Missions in Indonesia, particularly those dismissed without being granted their normative rights. This is because executing legally binding court decisions becomes challenging. Therefore, the Indonesian Government could establish Bilateral Agreements between nations falling under its jurisdiction to ensure legal certainty for FW working in Foreign Missions in Indonesia.