Penyelesaian Perselisihan Antara Pekerja dengan Pengusaha di Luar Pengadilan Berdasarkan Undang-Undang Nomor 2 Tahun 2004 Tentang Penyelesaian Perselisihan Hubungan Industrial
| Main Author: | Helwan, Kasra |
|---|---|
| Other Authors: | Prof. Dr. Budiman Ginting, SH, M.Hum, Dr. T. Keizerina Devi A., SH, CN, M.Hum, Dr. Agusmidah, SH, M.Hum |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/16858 |
Daftar Isi:
- Dispute between employer and employee can also occur in the field of manpower and the settlement can be done in or out of court. Nowadays, the settlement of dispute through the court of industrial relation is still full of problems such as the place where the claim is field, the lenght of time and the cost needed to process the case, number of rejected cases, alternate decision of payment process that is never be met, and various problems usually found in the court of law. Based on the problems mentioned above, the case settlement conducted out of court needs to be optimalized, yet there are still many constraints found in this type of case settlement. The purpose of this doctrinal study with statute approach is to analyze the factors causing the incident of dispute between employer and employee, to find out the mechanism of the settlement of the dispute occured between employer and employee, to look at the legal power that binds the aggreement/decision made by the institution other than the court of industrial relation, and to learn how the process of settlement of the dispute occured between employer and employee out of the court of industrial relation has been implemented. The data for this study were obtained through library research and interviews. The result of this study shows that the incident of the dispute between employer and employee is caused by numerous factors originated from either inside or outside of the company. The internal factors are, among other things, the rights belong to the respective parties are not implemented and the company applies the closed management. The external factors are, among other things, the government’s policy and the increase of the price of the basic needs. Dispute can also be initiated either by a violation of law or no violation at all. The settlement of the dispute between employer and employee should be done by the parties involved, if it does not work, the parties involved can choose to settle the dispute by conciliation or arbitration. If the parties involved in the dispute do not choose both ways of settlement previously mentioned, authomatically the settlement will be done through the mediator . The binding power of the dispute settlement done outside of the court of industrial relations depends on the type of settlement chosen. For the settlement through be-parties, mediation or conciliation, the result of the negotiation is not something must be obtained, only if there is an agreement achieved, this agreement must be registered to the court of industrial relation that it can bind both parties in dispute , and if one of the parties in dispute breaks the aggreement, the other party can claim for an execution. Unlike the bi-party dispute settlement, the decision made through arbitration is final and keeps binding both parties. Currently, only the bi-party and mediation settlement are existing while the settlement through conciliation and arbitration are not commonly used by the employees and the employers because these two ways of settling the dispute are not so famous, the settlement through conciliation and arbitration do not work for all types of disputes, the settlement through arbitration must be paid, it is hard for the employees and the employers to reach an agreement in deciding whether they chose the settlement through conciliation or arbitration, and the track-record of the consiliator and arbiter is not clear. Although currently going on, the bi-party and mediation settlement still bring many problems such as the the difficulty to invite the employer to attend the meeting for negotiation, the employer often delay or is not ready to do a negotiation with several excuses, if the employers agree to attend meeting for negotiation, they only send the staff who has no authority to make decision. The other problems occur in the process of mediation is that the settlement is always postponed because the employers are always absent to the meeting that they must be invited again in again, and sometimes the mediator is not good at settling the dispute and the less number of mediators is also one of the constraints faced.
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