Industrial Relations Disputes Research Articles

Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study

Although alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.

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.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

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

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.

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.

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.

Legal Protection against Unilateral Termination of Employment by Companies in Indonesia

This study aims to analyze legal protection against unilateral termination of employment by companies in Indonesia. In Indonesia, termination of employment (PHK) is regulated by Labor Law No. 13 of 2003 and related laws and regulations. It's just that sometimes companies do Unilateral Termination of Employment which can be detrimental, especially for workers. To analyze this, normative legal research methods are used. Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. The results of the study show that legal arrangements for termination of employment are regulated in Law no. 2 of 2004 concerning Settlement of Industrial Relations Disputes, Government Regulation Number 35 of 2021 concerning Work Agreements for a certain time, Outsourcing, Working Time and Rest Time, and Termination of Employment. Rights due to termination of employment are regulated in Article 40 of Government Regulation Number 23 of 2021 Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, the role of workers/labor organizations as an element of collective power in settling industrial relations disputes has shifted to being replaced by the individual struggle of each worker/laborer, so workers tend to be pragmatic in accepting the company's offer even if it is detrimental. Keywords: Legal Protection, Unilateral Termination of Employment, Companies in Indonesia, Labor Law

ANALISIS PERJANJIAN KERJA WAKTU TERTENTU DAN PERLINDUNGAN HUKUM PADA PT. TELMARK INTEGRASI INDONESIA DALAM PERSPEKTIF UU NO. 11 TAHUN 2020 TENTANG CIPTA KERJA

Many companies use a Specific Time Work Agreement (PKWT) system for their workers to streamline expenses. However, in practice, it is not uncommon to encounter violations that are not in accordance with Law No. 11 of 2020 on Job Creation. This study uses a normative-empirical method with data collection techniques in the form of literature studies that have been studied legally by secondary, tertiary, and analyzed by means of a qualitative approach. Based on the research results, the authors found a discrepancy between PT. Telmark Integration Indonesia in the implementation of PKWT in Article 81 number 14 and Article 81 number 15 on Law No. 11 of 2020 on Job Creation, namely a probationary period for workers. Furthermore, the authors found that PT. Telmark Integrasi Indonesia in providing legal protection has not all been implemented in accordance with the legislation Article 156 number 44 on Law No. 11 of 2020 on Job Creation in which the company only gives workers rights starting from the remaining working period of the worker. Legal remedies that can be taken by workers are holding deliberations or called bipartite up to reporting to relevant agencies according to what is regulated in Article 3 on Law No. 2 of 2004 on Settlement of Industrial Relations Disputes.

Comparison of Legal Cultures for Settlement of Industrial Relations Disputes Through Arbitration Between Singapore (Common Law System) and Indonesia (Civil Law System)

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two kinds of sources of labor law, namely: autonomous and heteronomous legal methods. Singapore is a country that has adopted an export-oriented industry, so the Singapore economy is colored by the role of the government. The state of industrial relations in Singapore is seen as the most stable and most functioning industrial relations system. In addition to tripartite relations, as well as a strong collaboration between the government, workers, and employers is the hallmark of industrial relations in Singapore. Singapore (Common Law) has the employment law The Employment Act 1968 which is a refinement of various ordinances made by the colonial rulers (Britain), including The Labor Ordonance 1957, The Shop Assistants Employment Ordinance 1957, and The Clerck's Employment Ordinance 1957. Laws and regulations in the field of labor apply in Indonesia, namely: Law no. 13 of 2003 and Law no. 02 of 2004 concerning the Settlement of Industrial Relations Disputes. Normative legal research with a comparative approach to legal culture. The legal issue is that if the two legal traditions are related to both types of labor law sources, then in countries that adhere to the Common Law legal tradition, the main source of labor law is generally the autonomous method. Meanwhile, countries with civil law traditions are generally heteronomous. Labor law is not a neutral and independent type of law, so government involvement is needed as an effort to protect workers who are weak in position.

Tuntutan Uang Pesangon, Uang Penghargaan dan Uang Penggantian Hak melalui Pengadilan Hubungan Industrial atas Pemutusan Hubungan Kerja Secara Sepihak (Studi Kasus Putusan No: 219/Pdt Sus-Phi/2017/PN Mdn)

Termination of employment relations causes termination of employment relations due to a matter which results in the end of the rights and obligations between the worker/laborer and the entrepreneur. In terminating the employment relationship, sometimes a dispute arises, which is caused by the lack of understanding between the worker/laborer and the entrepreneur regarding terminating the employment relationship or because the entrepreneur only terminates the employment relationship but does not provide the rights that should be received by the worker such as severance pay, long service awards and compensation rights. Settlement related to layoffs because the employer only terminates the employment relationship but is not given the rights of workers that he/or the worker should get, then efforts can be made to resolve them in a bipartite manner, Mediation, Conciliation, Arbitration, and the Industrial Relations Court in accordance with the provisions in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study can be drawn a conclusion, namely, how to obtain severance pay, long service pay, and compensation money. When a unilateral layoff occurs, it can be done in 2 ways, namely through litigation and non-litigation.

HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)

This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word "as a form of settlement agreement through mediation or conciliation" was changed by the Court to "in the form of minutes of settlement through mediation or conciliation".

Industrial Relations Mediator As an Effort to Settle Industrial Relations Disputes After the Covid-19 Pandemic

The COVID-19 pandemic had both positive and negative impacts on all areas of people’s lives. One of the negative impacts is the emergence of industrial relations disputes. Efforts to settle industrial relations dispute formally have been regulated in Law 2/2004. Industrial relations mediators have a vital role in resolving industrial relations disputes. This study aims to analyze the existence of industrial relations mediators in an effort to resolve these disputes. This research is a normative juridical approach to legislation and cases from the decision of the Industrial Relations Court at the Surabaya District Court number 111/Pdt-Sus PHI/2020/PN SBY. The results indicated that the existence of industrial relations mediators was strongly influenced by the quality of the substance of the legal product. The written recommendation of the Manpower Office of Probolinggo City Number 34/PHI/II/2022 has suggested that employers provide 3 months of severance pay to the workers. The labor relations mediator of Probolinggo city was not careful in categorizing the substance of the object of the dispute, namely the termination of employment because the company closed and suffered losses, in accordance with the provisions of article 164 paragraph (1) of the labor law.
 Keywords: written recommendation, mediator, industrial relation dispute

PERLINDUNGAN HUKUM ATAS KARYAWAN ATAS PEMUTUSAN HUBUNGAN KERJA DI PT. HAIR STAR INDONESIA

Termination of employment still become unsolved-well problems in many countries, especially in Indonesia whom the most crowded country in South East Asia. This case seen us how policy or political systems in Indonesia need improve and development in many sectors to provide mutual agreement for company and labour. Through Undang-Undang No.2 Tahun 2004 about Settlement of Industrial Relations Disputes, labour that were fired in PT. Hair Star Indonesia can be protected their rights. Conflict Resolutions through comprehensive methods, are the only answer to solving termination of employment problems in Indonesia

PEMUTUSAN HUBUNGAN KERJA OLEH PERUSAHAAN TERHADAP PERSELISIHAN HUBUNGAN INDUSTRIAL DI INDONESIA

Termination of employment by companies is a dynamic of industrial relations for actors in the process of producing goods and services between workers, employers, and the government. The company has a socio economic nature in carrying out industrial relations, dealing with the juridical aspects that apply in Indonesia. The company terminates the employment relationship unilaterally, causing suffering to the workers because they lose their livelihood for their lives and their families. Labor laws and regulations in Indonesia have not been effective and have caused many problems in implementing harmonious industrial relations. Government interference as a power organization can provide protection for workers affected by termination of employment by the company. Keywords: Termination of Employment, Industrial Relations Disputes

Effectiveness of Sela's Decision in Article 96 Law Number 2 of 2004 on the Resolution of Industrial Relations Disputes

Disputes in the industrial sector have led to problems in settlement by judges and legal imbalances in law enforcers and society. The objective of this research was to discuss the effectiveness of the implementation of interlocutory decisions in the Gresik Class IA Industrial Relations Court, where there has been a mismatch between the substance, namely the law regarding interlocutory decisions, and the legal structure, namely law enforcers who in this case are judges. This was juridical-empirical research that used a case research approach and descriptive analysis was used. The results demonstrated that the ineffectiveness of the interlocutory decision in Article 96 of the PPHI Law at PHI Gresik was due, first, to the inconsistency of the legal sources used during the payment process of wages between the Constitutional Court and SEMA. Second, the judges felt fear and doubt in fulfilling the justice of the parties when passing the interlocutory decision and fulfilling the workers’ lawsuit; however, in the final decision, the employer ultimately won. Third, there was no explanation for the evidentiary requirements for the delivery of the interlocutory decision in the PPHI Law, which was different from the decision in the District Court on Civil Law. The problems with interlocutory decisions will lead to imperfect application of the law, in terms of the substance of the law, the practice of the law enforcers, and the culture of society.
 Keywords: effectiveness, interlocutory verdict, industrial relations disputes

INDUSTRIAL RELATIONS DISPUTE CLAIMS TERMINATION BY WORKERS (Case Study of Case Number 972K/Pdt.Sus-PHI/2018)

Indonesia is a state of law, as stated in Article 1 paragraph (3) of the 1945 Constitution, which reads "Indonesia is a State of Law" Law number 13 of 2003 concerning Manpower can be said to be a material law in the field of manpower. material law if there are violations committed against Law number 13 of 2003 concerning Manpower, of course there must be a formal law in enforcing the material law. The Republic of Indonesia number 2 of 2004 concerning the Settlement of Industrial Relations Disputes (UUPPHI). Such as the legal issues of industrial relations disputes, termination of employment that occurred between Teti Sunarti (a worker) and the Central Board of the Association of Indonesian Loading and Unloading Companies (DPP APBMI). In this case, expel workers on the grounds that the General Chairperson of the APBMI DPP is uncomfortable with the presence of workers. Workers ask the DPP APBMI to provide compensation in accordance with the applicable laws and regulations. Problem formulation: 1). How is the settlement of industrial relations disputes regarding termination of employment in the industrial relations court at the Central Jakarta District Court? 2). How is the application of compensation due to termination of employment after the case has permanent legal force? This research uses a normative research type, namely legal research that aims to describe the findings, norms, positive legal principles, legal systematics that have been available and contained in secondary data. The conclusion of the APBMI DPP's action to expel workers without being followed by a legal process resulted in workers suing, as compensation the APBMI DPP must provide compensation to workers in the amount of Rp. 71.200.000 (seventy one million two hundred thousand rupiah).

Use of the Bipartite System in Industrial Relations

Basically, industrial relations between workers / workers and employers can not always be established harmoniously. At any time, there could be a dispute between the parties. This dispute is triggered by differences in interests between workers and employers. So, disputes are inevitable. But this industrial relations dispute cannot be left alone. It must be resolved immediately by the disputing parties. Otherwise, it will result in disruption of the production process of goods and services in the company which in turn will disrupt economic stability. The provisions of Law No. 2 of 2004 on Industrial Relations Dispute Resolution have provided the appropriate mechanism to resolve any disputes in industrial relations. One of the preferred mechanisms in this case is bipartite. This mechanism is a mechanism that is taken outside the court path (non litigation). Bipartite in its implementation is mandatory. Therefore, in every industrial relations dispute must first be pursued bipartite mechanism in the settlement. This bipartite priority gives authority to the disputing parties to be able to discuss, discuss and find solutions to the disputes at hand. The direct involvement of the parties is expected to provide a settlement that benefits both parties. This is very appropriate because the parties are more aware of their respective wills / desires even better understand how to sit disputes that occur.

MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT

<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>

The Role of Mediator in Industrial Relationship Dispute Settlement Process during Covid-19 Pendemic at Labor Offices Department North Sumatra Province

This study aims to determine The Role of Mediator in Industrial Relationship Dispute Settlement Process during Covid-19 Pendemic at Labor Offices Department North Sumatra Province. This research is descriptive research method. The role of the Mediator in the process of resolving industrial relations disputes during the COVID-19 pandemic is the difference of opinion between employees and the company. Can be saidThe role of the Mediator of the Manpower Office is very active in providing guidance on industrial relations, carrying out industrial relations development in the company. This development is technical guidance to entrepreneur workers where the mediator acts as a resource person and is a third person and does not take sides with any of the disputing parties and asks the disputing parties to negotiate before the mediation process is carried out, leads and regulates the course of the mediation session, assists the parties make a collective agreement if an agreement is reached, make written recommendations, and prepare minutes of settlement of industrial relations disputes in accordance with the provisions of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes.