Mediation as One of the Industrial Relation Dispute Settlement (original) (raw)
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Models of Industrial Relation Mediation in Indonesia
Journal of Law and Criminal Justice
Mediation has widely been used in settlement of industrial relation disputes in Indonesia. Various laws and regulations have been enacted to enable mediation in resolving various disputes in industrial relations. The purpose of this paper is to describe the models of industrial mediation in Indonesia. This paper shows that there are many models of mediation practices in Indonesia, namely settlement mediation, facilitative mediation, therapeutic mediation, and evaluative mediation. Among the various models of mediation, evaluative mediation has been the dominant model in practices. Mediation processes that ended up with recommendations have mainly been characterized by an evaluative model of mediation. Meanwhile, mediation processes that resulted in agreements have been characterized by a facilitative model of mediation. We believe that facilitative model of mediation would be an ideal condition to stimulate the realization of a joint agreement between the parties in settling their industrial relation disputes. To make a facilitative model of mediation works effectively, there is a need to improve the roles of industrial relation mediators in the mediation process. At the normative level, there is a need to amend technical stipulations concerning mediations. At the practical level, there is a need to improve technical capacity of the mediators through various structured and continuous seminars and training on industrial relation mediation
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Globalization in various fields and the advancement of information technology have an impact in increasing the need for companies in Indonesia to employ foreign workers. Foreign workers are expected to provide technology transfer to local workers. The existence of foreign workers working in Indonesian companies is bound by work agreements. Each party must implement the rights and obligations as stipulated in the employment agreement. Even though the parties are obliged to submit to the work agreement, a labor dispute between the company and foreign workers is still possible. In this study, there will be two problems examined, namely can the labor dispute between Indonesian companies and foreign workers be resolved through alternative dispute resolution? and which law is used in dispute resolution through alternative dispute resolution? This research is normative juridical research. Legal material consists of primary material and secondary legal material. Materials are collected through document studies. The analysis is carried out qualitatively. Labor dispute resolution between Indonesian companies and foreign workers can be resolved through alternative dispute resolution. The dispute resolution through alternative dispute resolution uses the law chosen by the parties as stipulated in the work agreement
Journal of Education, Humaniora and Social Sciences (JEHSS), 2020
This study examines how the mediation process according to PERMA No. 1 of 2016, how the level of effectiveness of mediators in resolving cases in the Court and how the role of mediation in realizing the successful realization of legal objectives in Indonesia. The research method used is empirical juridical research, namely legal research conducted by examining directly to the field where the object under study is by direct observation of the 5 (five) State Procurement; Medan, Lubuk Pakam, Binjai, Stabat, Tanjung Balai. Preliminary data on the success of national mediation in 2017 in the MA Case Search Information System (SIPP) is only around 4.14%. The amount is a combination of mediation success in the general court and religious court. The 4.14% success data is based on real data that was successfully displayed in the mediation report menu at SIPP MA. The data source was drawn from the local SIPP of each court in Indonesia. From the description above, it can be understood that med...
International Journal of Science and Society, 2020
The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations...
Optimizing the Implementation of Mediation to Overcome Civil Case Backlog in Indonesia
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Dispute resolution through court in Indonesia has not been able to overcome civil case backlog in courts. Besides the complaints from the society, there was also a research showing that alternative dispute resolution beyond the ordinary civil litigation procedure has a very small percentage. It is expected that the optimization of the implementation of mediation which has been known and applied in several countries including Indonesia through Supreme Court Regulation Number 1 of 2016 can overcome the civil case backlog courts in Indonesia. The method used in this research is normative juridical research. Research with the perspective of legal/juridical focused on rules/norms of Civil Procedures Law and comparative law through legal principles is the study of legal norms which are benchmarks to behave appropriately. In accordance with the method, the study was carried out on the norms and principles contained in the secondary data, which were found in the primary, secondary, and tert...
Problems and Prospects of Mediation in the Justice System in Indonesia
2nd International Conference on Sociology Education, 2017
Conceptually, mediation is believed to be one model of court settlement in a fast, cheap and beneficial way for both parties. However, based on the annual report released by the Religious Courts and the District Court in several major cities in Indonesia, the success rate of mediation is still low, while cases that fail to be mediated are still high, resulting in conflict in the Court. This study aims to describe and evaluate the root of the problem of mediation success and failure in the Court, and efforts that have been made by the Courts in order to improve the success of mediation and examine the future of mediation within the judicial system in Indonesia. The research method used was formative evaluation method. The results of this study concluded that the success and failure of mediation in court was caused by the disputing parties, advocates, mediators and means. Efforts that are being made to improve the success of mediation are the provision of rewards for mediators, improving the mediation regulation in the form of Supreme Court rulings along with their technical guidance, appointing the court as a mediation pilot project, conducting mediator training for judges and for prospective judges, building cooperation with BP4 (an advisory board that guides and preserves marriage); and the prospect of mediation as an alternative to dispute resolution in court which still gives hope in light of the changing success rate of each year's mediation from each court. Thus, this study reinforces the theory of law enforcement that the mediating and supporting elements of mediation in court are caused by four elements, namely, elements of regulation, disputants, mediators, and infrastructure and facilities.
Comparative Study of Mediation Implementation in Indonesia and Turkey
Al-Risalah Jurnal Ilmu Syariah dan Hukum
Mediation as an alternative dispute resolution has its advantages. However, behind the advantages of dispute resolution, it is inversely proportional to the data on the success of mediation in Indonesia which is very low. Based on statistical data from the Semarang Religious Court during 2015-2019, less than 3% of mediations were successful. However, the data on the success of mediation in Indonesia contradicts that of Turkey. During 2017, more than 80% of cases were successfully resolved through mediation. Based on this data, it is necessary to compare the implementation of mediation between Indonesia and Turkey. This research is included in normative juridical research with a qualitative comparative approach. The results of this study indicate that there are similarities and differences in the implementation of mediation between Indonesia and Turkey. The equation lies in the terms of the mediator, the number of mediators and the place. The difference lies in regulation, mediation ...
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Mediation is one of the alternative forms of dispute resolution. In the mediation, a win-win solution for the parties is sought in overcoming the dispute. In the settlement of civil cases in the court, it is prioritized mediation settlement, as stipulated in Supreme Court Regulations Number 1 Year 2008. However, the implementation of mediation in court based on Supreme Court Regulations Number 1 Year 2008 has not been effective because of obstacles in the implementation of mediation. The constraints must be sought to resolve the efforts by reconstructing the implementation of mediation as an alternative to civil disputes in court that can provide justice for the parties. This paper will give a reconstruction of mediation as the alternative settlement of civil dispute in the court. In this paper used methode legal research, primary data based on library and secondary data based on library researh. The results of this journal is the implementation of the mediation process there are st...
Mediation as an alternative means of resolving disputes
Review of International Geographical Education Online (RIGEO), 2021
The subject of the article research is the Mediation as an alternative means of resolving disputes, the methodological basis of the article research is the controversial Approach to the problem under consideration using general and private methods of scientific Knowledge, formal legal, and logical, socio-psychological, system analysis. In the process of research the achievements of the sciences of civil, private international, Iraqi law, and civil procedure. And labor law This Study is divided into two parts: the first part presents the concept and types of mediation, and the second part Presents Development of mediation and the sources of its regulation in the Iraqi law.
Yustisia Jurnal Hukum, 2021
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 recommend...