Abstract
The Industrial relations dispute which is resolved through the Industrial Relations Court puts the workers/laborers against the employers and bases their formal source of law on the Article 57 of Law No. 2/2004 which basically uses the civil procedure except under special regulation. The analysis in this study shows that the implementation of civil procedure actually contravenes the labor law. The characteristics of the Industrial Relations Court procedure differs from the civil procedure.
Highlights
As the actors in the industrial world, the workers and the employers must cooperate well and maintain a good relationship with each other in accordance with the initial purpose of the industrial relations’ establishment
A harmonious industrial relations between the workers and the employers are expected to keep going as a synergy to achieve the goals set by the organization
A procedural law that applies to court in the General Judicature environment, it does not mean that the civil procedure can automatically be applied in pursuing court proceedings at the IRC, since the Industrial Relations Court procedure has its own characteristics which can be different from the civil procedure
Summary
As the actors in the industrial world, the workers and the employers must cooperate well and maintain a good relationship with each other in accordance with the initial purpose of the industrial relations’ establishment. On the basis of the formulation of the law, the industrial relations dispute contains some elements, such as: First, the subjects of the conflict are the workers/laborers, labor unions and employers/entrepreneur’s association; Secondly, the objects of the conflict are conflict of rights, conflict of interest, conflict of employment termination and conflict between the labor unions in a company. Article 1 section 1 of Law No 2/2004 formulates an industrial relations dispute as: the difference of opinion which result in conflict between the employers or the entrepreneurs association with the workers/laborers or the labor unions due to conflict of rights, conflict of interest, conflict of employment termination and conflict between the labor unions in a company. The material law containing the rights of the parties to pursue court proceeding is found.
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