Industrial Relations Court Research Articles

Exploring Termination of Employment Based on Serious Criminal Offences

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.

Industrial Relations Dispute Resolution Reform in Court: A Review of Structural and Substantial Weaknesses in Law Number 2 of 2004

Conflict resolution in the context of industrial relations within the framework of labor law after the enactment of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has been known through two mechanisms, namely voluntary settlement through bipartite mechanisms, conciliation, mediation, and arbitration, as well as compulsory settlement mechanisms through the Industrial Relations Court. However, the existence of the Industrial Relations Court poses several challenges, including workers' low understanding of the formal and material aspects of labor law, protracted processes, and substantial deficiencies in applicable law. Issues that arise around the resolution of industrial relations disputes include various factors, ranging from disputes regarding rights, interests, termination of employment, to disputes between unions in a company. In addition, the limited competence of the Industrial Relations Court also hinders effective resolution of labor disputes. This research adopts a normative juridical approach, which relies on positive legal analysis, especially Law Number 2 of 2004, as well as a review of judicial principles. The research findings identified a number of weaknesses, both in terms of structure and legal substance, that require updates in Industrial Relations Dispute Resolution in the Industrial Relations Court. One of the efforts to overcome these challenges is through reforms in the settlement process at the Industrial Relations Court, including the establishment of Industrial Relations Courts in each administrative region. However, Law Number 2 of 2004 is still considered unable to accommodate judicial principles

Absolute competence of the industrial relations court resolving employment termination disputes

Purpose: The jurisdictional scope or competence of the Industrial Relations Court is elaborated in Section 56, Law Number 2, Year 2004. However, Section 56 Number Law 2 Years 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court because, under this law, the Court has issued ineffective and inefficient court decisions. In response to this debate, this study problematizes the competence of the Industrial Relations Court in presiding over the termination of employment contracts. Method: In analyzing the problem, this research uses a normative juridical method that has a systematic way of conducting research, focusing on competency theory, the theory of justice and supremacy of law, subjective justice, competency of the Industrial Relations Court according to existing laws and regulations, and experts’ views regarding the contribution of the existing literature to the competency of Industrial Relations Court judges. Results: This study argues that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 Year 2004 on manpower is required. Limitations: This research has a number of limitations, including the time required to search for additional references, such as the latest journals, and comparisons with the competence of industrial relations courts in various countries. Contributions: It is hoped that the results of this research can provide information as a basis for consideration and contribution of thought to policymakers in formulating laws and regulations more effectively and efficiently to bring justice, legal certainty, and benefits to society.

Juridical Analysis of Normative Rights and Legal Efforts for Termination Worker Due to Do Urgent Violation in Indonesia

Industrial relations between Employers and Workers often causes disputes. Disputes that generally happened between Employers and Workers are disputes for termination of employment. Termination of employment happened for some reasons, one of them is the Worker do an urgent violation. The purpose of this research is to analyze the normative rights and legal efforts of Workers who terminated due to do an urgent violations. The research method is normative juridical who using laws and regulations to analyze the problems. The results of this research found that the normative rights of Workers who terminated due to do an urgent violations are compensation for rights and separation pay (Article 52 Paragraph 2 Government of The Republic of Indonesia Regulation Number 35 Year 2021 concerning Employment Agreement for a Specified Period of Time, Outsourcing, Working Time and Rest Time, and Termination of Employment). Legal efforts that can be taken by Workers who terminated due to do an urgent violations are non litigation legal effort through bipartite and tripartite negotiation (mediation). If the non litgation legal effort can’t solve the dispute, then the Worker can take litigation legal effort through The Industrial Relations Court (Act No 2 Year 2004 concerning Industrial Relations Disputes Settlement).

The Urgency of Applying the Principles of Simple, Fast and Low Cost Justice in the Execution of Industrial Relations Court Decisions in Indonesia

This Research Aims To Analyze The Urgency Of Applying The Principles Of Simple, Fast And Low Cost Trials In The Execution Of Industrial Relations Court Decisions In Indonesia. The Research Specification Used By The Author In This Research Is Descriptive Analytical Research, Namely a Research Method That Aims To Get An Overview Of The Symptoms Being Studied At The Present Time And Then Relate Them To Legal Norms Or Statutory Regulations The data analysis used in this research is Qualitative Data Analysis. Analyzing the content of legal documents, court decisions, and related literature to identify themes, patterns, and trends relevant to the research questions. Research results prove that The application of the principles of simple, fast and low-cost justice in the execution of Industrial Relations Court (PHI) decisions in Indonesia has a very important urgency. Here are some reasons why this is so necessary: Protection of Labor Rights: Most of the cases submitted to PHI involve labor rights and worker welfare. Delays in executing decisions may result in workers not being able to immediately obtain their rights, such as delayed wages, leave rights, or other rights.

ANALISIS PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA PADA PENGADILAN NEGERI JAKARTA PUSAT (PUTUSAN NOMOR 67/PDT.SUS PHI/2020/PN.JKT.PST

When handling disputes between workers and employers in industrial relations, action is required in accordance with applicable labor law. The initial step that must be taken is to carry out bipartite negotiations between the two parties to find a solution to the dispute. If bipartite negotiations are unsuccessful, the next step is to file for mediation and sue the Industrial Relations Court. The problems that arise between the Plaintiff and the Defendant relate to the mechanism for resolving disputes in termination of employment (PHK) in industrial relations, as well as whether the procedures carried out are in accordance with the statutory regulations explained in decision Number 67/Pdt.Sus-PHI/2020/ PN. JKT. PST. From this decision, it is not considered that any negotiations took place, which is the debate in this case. To answer this problem, normative juridical research was carried out with a descriptive analytical approach. This research refers to primary and secondary data which was analyzed qualitatively, and conclusions were drawn using deductive methods. The process of resolving this industrial relations case involves mediation with a mediator from the East Jakarta Social and Employment Service, as well as filing a lawsuit with the Industrial Relations Court at the local District Court. However, statutory regulations are not in accordance with the steps taken in this case, because bipartite negotiations are thought to have never occurred.

Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses

<em>In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.</em>

PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (STUDI PUTUSAN NOMOR : 259/PDT. SUS-PHI/2021/PN.MDN)

Termination of Employment (PHK) by an employer is termination of employment whose initiative comes from the employer, due to violations or mistakes committed by workers/labourers due to other factors, such as downsizing employees, closing companies that are losing money, changes in status, and so on. Minutes of bipartite or tripartite negotiations are an absolute requirement for pursuing a dispute at the Industrial Relations Court. The conclusions chosen by the author are conclusions drawn from the point of view of deductive logic. The conclusion of the research is based on a case study of the Decision of the Industrial Relations Court at the Medan District Court Special Class IA number 259/Pdt. Sus-PHI/2021/PN.Mdn: First the Panel of Judges was of the opinion that bipartite and tripartite negotiations had been carried out but these negotiations failed or no agreement was reached, so that the exception of the Defendants stating that the case was aquo which had never been carried out in bipartite negotiations was rejected by the judge. Second, the Judge did not consider the provisions on the remaining unpaid wages/salaries. This has been regulated in Article 61 A of Law Number 13 of 2003 jo. Article 15 Paragraph of Government Regulation Number 35 of 202 which requires employers to pay compensation money to workers whose work relationship is based on PKWT

Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.

The Principle Of Good Faith In Collective Labor Agreements Between Employers And Labor Unions In Review Of Contract Law

The principle of good faith is an important principle in contract law and is accepted in variouslegal systems, but until now the doctrine of good faith is still controversial Good faith is knownby 2 (two) phases, namely the pre-contract phase and the contract execution phase. The precontract phase is called subjective good faith, which means that good faith is more directedtowards honesty, while good faith in the contract implementation phase is called objective goodfaith, which means that good faith is interpreted as appropriateness and decency or justice. Awork agreement is an agreement between workers/laborers and employers or employers thatcontains working conditions, rights and obligations for the parties. The definition of workingconditions is the rights and obligations of employers and workers that have not been regulatedin laws and regulations. Work agreements made must not conflict with existing laboragreements or Collective Labor Agreements (KKB)/Collective Labor Agreements (PKB). Thisresearch uses normative legal research sourced from secondary data related to the researchtopic, secondary data that has been regularly arranged and then analyzed qualitatively. Fromthe research conducted, it was found that the position of the principle of good faith is veryimportant not only at the stage of making (signing) and post-making (implementation) of thecontract, but also at the pre-making (drafting) ) stage of the contract because in the practice ofcontract law the judge does use his authority to interfere with the contents of the contract. Thelegal consequences of a collective bargaining agreement that does not contain the principle ofgood faith are that if the subjective requirements concerning the subject of the CBA areincomplete, or in other words the requirements that must be met are not appropriate for thosewho wish to make a CBA, then the CBA that has been made can be requested for cancellation bythe trade union/labor union. If the cancellation is not requested by both parties concerned, thenthe PKB remains valid for the parties. The first legal effort made by PT United Rope with thelabor union is by way of deliberation to reach consensus first, although in dispute resolution ifthere is no good faith in the collective labor agreement is through 2 (two) systems, namely first,non -litigation / outside the industrial relations court, namely bipartite settlement, mediation,conciliation and arbitration, while the second settlement is litigation.

Collective Agreement as Evidence with Binding Legal Force in Decision of Industrial Relations Court

A Collective Agreement, once registered and ratified at the Industrial Relations Court, should be regarded as authentic evidence possessing binding legal force for all parties, including judges. However, in various rulings from both the District Court and Supreme Court levels, the Collective Agreement has been consistently disregarded as evidence with enduring legal implications and enforceability on the involved parties. The central issue investigated in this research pertains to how judges perceive the Collective Agreement as evidence and the position it holds as binding evidence in the decisions of the Industrial Relations Court. This research employs a normative legal analysis approach (statute case) and conducts a case study by examining multiple industrial relations court decisions that have overlooked Collective Agreements as evidence with binding legal force. In contrast to several prior studies and writings conducted by other entities, which have primarily confined the role of the Collective Agreement to being binding on the parties and admissible as evidence in the Industrial Relations Court, this research scrutinizes the Collective Agreement, asserting that it should be established with unequivocal legal force for the involved parties, rendering it conclusive and precluding further legal actions. Nevertheless, in various Industrial Relations Court Decisions, these agreements are, in fact, overlooked and not treated as evidence with binding legal force, thereby introducing legal ambiguity for the parties involved. Additionally, despite the ideal scenario of the Collective Agreement being crafted as an authentic deed to ensure its binding nature, practical instances reveal instances where Collective Agreements are private deeds, each possessing distinct evidentiary powers.

Legal Consequences for Companies that Carry Out Unilateral Termination of Employment

The COVID-19 pandemic has resulted in the Company taking steps to streamline company costs by laying off workers. Many companies experience labor relations disputes, one of which is that the company carries out unilateral termination of employment (PHK) of workers without negotiating with the workers and does not pay attention to the rights of these workers. This research aims to find out and examine the mechanism for resolving industrial relations disputes in Badung Regency as well as knowing and studying the legal consequences for companies that carry out unilateral layoffs of workers with a fixed term work agreement (PKWT) and workers with a fixed term work agreement (PKWTT) in Badung Regency. This research is empirical legal research with a factual approach and a statutory approach. The research results confirm that there are 2 (two) alternative dispute resolution mechanisms for industrial disputes, either through non-litigation channels, namely by bipartite negotiations, mediation, conciliation, arbitration or by litigation, namely through the industrial relations court (PHI). Layoffs can be said to be valid if they have received a decision from the PHI and if without this decision the employer continues to lay off workers in PKWT and PKWTT who received layoffs unilaterally, then the layoffs are not legally valid and are considered null and void. The legal sanction for employers who lay off PKWT workers before their term of employment ends is to fulfill the workers' rights, namely by providing severance pay, gratuity money, compensation money due to the layoff.

Kadaluwarsa pada Kasus Pemutusan Hubungan Kerja dalam Hukum Ketenagakerjaan

Expiration is a condition where a time limit has passed for our right to be able to file a lawsuit. Therefore, when filing a case, time is an essential concern for every party who wants to file a lawsuit in court. Each legal issue has a different time. One problem that often occurs in employment is the Termination of Employment Relations. When someone experiences Termination of Employment Relations (PHK), there are several rights that a worker should obtain. Still, if the employer does not fulfill these rights, the worker can file a lawsuit at the Industrial Relations Court (PHI). When filing a case, a worker must pay attention to the period regulated in Article 82 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. In practice, there are still inaccuracies in determining the expiration date in Termination of Employment (PHK) cases. This research aims to determine how the expiry date for Termination of Employment (PHK) cases is regulated in employment law. The research method used by researchers is normative research. Researchers will examine the problems raised by linking them to applicable laws and regulations. The conclusion is that there are still things that need to be corrected in using the legal basis in determining the expiration date in cases of termination of employment.
 

Implementation Of The Principle Of Equality Before The Law In The Settlement Of Industrial Relations Disputes In The Industrial Relations Court

The State of Indonesia is a State of law. One of the principles of the rule of law is the guarantee of the exercise of the power of an independent judicial institution, free from all interference by extra-judicial powers. The judicial power itself is an independent power, one of which is through the Principle of Objectivity which requires that dispute resolution will be good and acceptable to all parties, if carried out impartially (impartially), objectively, and fairly. The hopes above arise from the existence of the Principle of Equality Before the Law, which is one of the three meanings of the Rule of Law. The principle of Equality Before the Law arises from the modern legal system inspired by the paradigm of Positivism which assumes that the law must be objective and sterile from any influence outside the law. The implementation of the Equality Before The Law Principle in resolving industrial relations disputes at PHI is interesting for further investigation because the parties to the dispute in industrial relations are employers and workers/workers who are socially and economically clearly "not equal". The approach used in this study is the Socio-legal approach method (Socio-legal approach), which is a legal research method in addition to analyzing the implementation of the principle of Equality Before The Law in the normative law enacted, namely UU.No . 2 of 2004. Through this research, we can find the concept of industrial relations justice that is able to apply the ideal principle of Equality Before The Law.

ANALISIS KONTRIBUSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PENYELESAIAN SENGKETA KETENAGAKERJAAN

This research aims to analyze the Industrial Relations Court's (IRC) contribution in resolving labor disputes. Labor disputes often arise between workers and employers and have the potential to have a significant impact on industrial relations. The research method used is a literature study by collecting data from various sources such as scientific journals, reference books, and relevant policies and regulations. The data is then analyzed qualitatively to understand the role of IRC in resolving labor disputes. The analysis results show that IRC is essential to resolving labor disputes. IRC allows both parties to present their arguments fairly and objectively as an independent institution. Decisions made by IRC can create legal certainty for the parties involved. In addition, through the court process, IRC provides an opportunity for the broader community to obtain information about labor dispute cases and their legal interpretations. Therefore, efforts are needed to strengthen the capacity of IRC in order to provide more effective and efficient services. This research has important implications for developing industrial justice systems in resolving labor disputes. The findings of this study are expected to serve as a basis for government and relevant stakeholders to enhance the role of IRC and address existing challenges.

URGENSI DIBENTUKNYA PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI BATAM

This research aims to determine the extent of the urgency of establishing an Industrial Relations Court (PHI) at the Batam District Court. Currently Batam City is still within the jurisdiction of the Industrial Relations Court at the Tanjungpinang District Court which is located on Jalan Raya Senggarang No.1 KM 14 Tanjungpinang City, Riau Islands Province. Suppose a rights dispute exists between workers, workers/labor organizations and employers, and an amicable agreement cannot be reached. In that case, one of the parties who is not satisfied with the results of the Disnaker mediator's recommendations must take the route of a lawsuit through PHI at the Tanjungpinang District Court. In this research, the author raises four problems and limits the research problem. Among other things, first, what is the legal reason for the urgency of establishing an Industrial Relations Court at the Batam District Court? Second, what are the obstacles that, until now, PHI at the Batam District Court has not been formed? thirdly, what is the solution so that PHI at the Batam District Court is formed to provide a sense of justice for justice seekers in industrial relations disputes? fourth, what obstacles areexperienced by workers, laborers, or labor organizations that make it difficult to file an industrial relations dispute lawsuit if there is no peace agreement with the employer? The author uses the legal theory of development put forward by Mochtar. Kusumaatmadja is an analytical tool to find answers to four research questions. Of four research questions with normative-empirical research methods. It was found that the final result was that there was a great urgency for the Industrial Relations Court in Batam to be able to realize the principles of simple, fast and low-cost justice for people seeking justice in Batam.

Proses Perundingan Bipartit sebagai Syarat Mutlak dalam Pemutusan Hubungan Kerja


 
 
 
 
 
 
 
 
 
 
 
 
 The Industrial Relations Court (PHI) is a sub-system of special courts placed within the general judicial sphere. PHI with absolute competence to adjudicate labor cases or disputes that occur at the pre-judicial level enters PHI, namely at the level of the tripartite process it turns out that it can also come into contact with the authority of the state administrative court, related to aspects of actions that must be taken by the state administrative agency in this case in the form of recommendations issued by mediators from the Manpower Office, Is the State Administrative Court authorized to Order the Manpower Office as a mediator? To issue a recommendation in a termination dispute? This research is a normative juridical research, with a historical approach, comparison and emphasis of research on secondary data which includes primary legal material, secondary legal material and tertiary legal material, with documentation methods and qualitative data analysis. The results of the study that the two-party negotiation process between employers and workers is a condition taken so that it can be forwarded to tripartite mediation. If the Manpower Office is not willing to mediate due to the non-fulfillment of the requirements in the form of bipartite evidence, in the event that one of the parties sues the PTUN based on the positive fictitious referred to in Article 53 of the Government Administration Law, the PTUN still cannot grant the request to order the Manpower Office to issue a Recommendation
 
 
 
 
 
 
 
 
 
 
 
 

The Government as the Intermediate in the Settlement of Labor Disputes in Indonesia

Purpose: Therefore, it is essential to know the impact of peace settlement efforts which must be carried out outside the court as a formal condition for filing a lawsuit to the Industrial Relations Court.
 
 Theoretical framework: When there is a dispute between workers and employers, government intervention and authority is needed. So that at this stage, labour law is related to public law, both in the aspects of state administrative law, state administrative law and criminal law. Ass a third part, the government helps resolve labour disputes through bipartite, mediation, conciliation and arbitration. These pre-litigation steps are considered to slow down the settlement process in employment.
 
 Method/design/approach: The method used in this research is normative legal research or also known as doctrinal legal research, and the statutory and comparative approaches.
 
 Results and conclusion: The results of this study explain that written recommendations and minutes of mediation made by government officials in the field of employment, namely mediators, must be owned by workers/labourers who wish to file a lawsuit with the industrial relations court because the Constitutional Court stated that the minutes of mediation are formal requirements that the plaintiff must fulfil.
 
 Research implications: The mediation required by Law 2/2004 slows down workers from filing a lawsuit at the Industrial Relations Court (PHI) because the mediation minutes only contain matters of a purely administrative nature; even without the mediation minutes, the PHI judges are still digging into the issues and evidence. Evidence that will be used as a judge's consideration in deciding. So that the mediation minutes are not included as evidence in employment cases.
 
 Originality/value: The study in this research is fascinating because it will explain how the government should mediate employment cases.

Management of Worker Protection Regarding the Cancellation of the Decision of the Governor of Jakarta in Postponing the Implementation of the Minimum Wage

The purpose of this research is to find out the legal protection for the minimum wage deferral policy. And want to know the cancellation of the decision of the governor of Jakarta on the implementation of the minimum wage. This research method uses normative law. Methods of data collection are observation, interviews with the district court judges and prosecutors involved, documentation studies through existing archives on worker protection laws and official records, and supporting books that focus on labor protection. Decree of the Minister of Manpower and Transmigration No. Kep.231/MEN/2003 concerning Suspension of Implementation of the Minimum Wage. In the Jakarta Administrative Court decision Number 62/G/2021/Ptun.Jkt and Appeal Decision No. 10/B/2014/PT.Tun.Jkt, regarding the setting for the deferral of the minimum wage, needs to be reviewed, also regarding the deadline for the completeness of the files in submitting a deferral of the minimum wage. Agreements between employers and labor unions as a prerequisite for employers to carry out are contrary to law. Unions as legal subjects can sue Ptun. Legal settlement of the cancellation of the suspension of the minimum wage, can provide legal certainty for workers, and cause consequences in the settlement through a process at the Industrial Relations Court. Companies that have been declared void of their decision to suspend wages have not carried out their obligations to pay the minimum wage by the provisions.

Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia

The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.