How to cite:
Muhammad Rizky Syamandiri (2024) Juridical Study of Industrial Relations Dispute Resolution
Mechanism Due to Unilateral Termination of Employment By PT. Bisa Groupl, 06) 05,
https://doi.org/10.36418/syntax-idea.v3i6.1227
E-ISSN:
2684-883X
Published by:
Ridwan Institute
JURIDICAL STUDY OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION
MECHANISM DUE TO UNILATERAL TERMINATION OF EMPLOYMENT BY PT.
BISA GROUP
Muhammad Rizky Syamandiri
Universitas Tarumanagara, Indonesia
Email: [email protected]
Abstract
Arrangements related to the settlement of current relationship disputes are no longer
considered to be able to accommodate and regulate various developments that occur, because
the rights of individual workers / workers have not been fulfilled and protected properly in
industrial relations disputes, especially such as industrial relations disputes caused by
unilateral termination of employment by the company, where workers must lose and give up
their jobs without obtaining the rights that should be accepted by the worker, and this is not in
accordance with what is and regulated in the Manpower Law, as happened in the case of
unilateral termination of employment (layoff) of an employee by the company PT. Can
Group. Therefore, the formulation of the problem in this study is how legal protection for
workers / laborers due to unilateral termination of employment by a company, and the method
used in this study is a normative legal research method.
Keywords: Termination of Employment (PHK), Industrial Relations Dispute Resolution,
Labor Law
INTRODUCTION
National development, especially in the field of employment, is directed to the greatest
extent for the prosperity and welfare of the working community (Roseland, 2000). Therefore,
labor law must be able to guarantee legal certainty, the value of justice, the principle of
expediency, order, protection and law enforcement. Along with development in the field of
employment, it can be seen that some of the business actors in the world are trying to improve
themselves after the economic and monetary crisis to wake up from a nightmare. Therefore, in
an effort to overcome the global economic crisis, where the government together with the
community, especially business actors are trying to stabilize the economy and maintain
monetary balance and avoid bankruptcy, and all this is done with the aim of avoiding a
termination of employment which mostly affects workers and workers (Benatar, Gill, &
Bakker, 2013).
So that these problems do not recur and occur again, the government together with the
community tries to create a fairly effective means in an effort to maintain continuity between
JOURNAL SYNTAX IDEA
p–ISSN: 2723-4339 e-ISSN: 2548-1398
Vol. 6, No. 05, Mei 2024
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business actors and workers in labor relations, namely with the existence of labor law that
regulates various rights, obligations and responsibilities of workers and business actors. In
addition to these facilities, collective labor agreements (PKB), bipartite, tripartite, trade
unions, employers' organizations, and mediation played by the government are manifestations
of the existence of labor law.
Basically, labor law has the nature of protecting and creating a sense of security, peace,
and prosperity by realizing social justice for all people. Labor law in providing protection
must be based on two aspects, First, the law in an ideal perspective is embodied in legislation
(heterotome) and law that is autonomous.
This legal realm must be able to reflect legal products that are in accordance with the
ideals of justice and truth, certainty, and have beneficial values for the parties in the
production process. Labor law does not only concern business actors, but pays attention to
and provides protection to workers who socially have a very weak position, when compared
to the position of entrepreneurs who are quite established.
The law provides benefits to the principle of social disparity and economic level for
disadvantaged workers, such as welfare levels, wage standards and working conditions, as
stipulated in laws and regulations and in line with the meaning of justice according to the
provisions of Article 27 paragraph 2 of the 1945 Constitution, that: "Every citizen has the
right to work and a decent living for humanity" (Usman, 2020).
Similarly, the provisions of Article 28 D paragraph (2) of the 1945 Constitution, that:
"Everyone has the right to work and to receive fair and decent remuneration and treatment in
employment relations"; Second, normative law at the implementation level contributes in the
form of supervision through law enforcement officials and carrying out enforcement against
parties who do not comply with legal provisions.
Labor law (Law No. 13 of 2003) is established as a legal umbrella in the field of
industrial relations and is engineered to maintain order, as well as social control, mainly
providing a basis for rights for production actors (goods and services) hereinafter referred to
as workers and this is stated in the provisions of Article 102 (2) of the Law. No. 13 of 2003.
In essence, workers in carrying out industrial relations are obliged to carry out work for
the continuity of production, advancing the company, and on the other hand receiving rights
as appreciation in carrying out their duties, in addition to carrying out other functions, through
trade unions to fight for the welfare of members and their families while maintaining order
and continuity of production of goods and / or services and trying to develop skills and
advance company (Singadimeja, Latipulhayat, & Singadimeja, 2019).
Where industrial relations itself according to Michael Solomon, what he named
industrial relations itself involves a number of concepts, such as the concepts of justice and
equality, power and authority, individualism and collectivity, rights and obligations, and
integrity and trust. According to Tams Jayakusuma, stated that relationships are a certain
activity that has consequences for other activities. Meanwhile, according to Suwanto, in the
understanding stated industrial relations are defined as a system of relationships formed
between actors in the production process of goods.
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Meanwhile, industrial relations according to Law No. 13 of 2003 states that industrial
relations are a system of relationships formed between actors in the production process of
goods and / or services consisting of elements of entrepreneurs, workers / laborers, and the
government based on the values of Pancasila and the Constitution of the Republic of
Indonesia Year 1945 (Weiss, 2023).
So it can be concluded that industrial relations are relationships between all parties
related or interested in the production process or service in a company. The industrial
relations must be created in such a way as to be safe, harmonious, harmonious and in line, so
that the company can continue to increase its productivity to improve the welfare of all parties
related or interested in the company. According to Article 102 of the Manpower Law Number
13 of 2003, there are three functions of industrial relations, namely:
a) The government has the function of setting policies, providing services, carrying out
supervision, and taking action against violations of labor laws and regulations
b) Workers / workers and trade unions / trade unions have the function of carrying out work
in accordance with their obligations, maintaining order for the continuity of production,
channeling aspirations democratically, developing their skills and expertise and
participating in advancing the company and fighting for the welfare of members and their
families
c) Employers and their employers' organizations have the function of creating partnerships,
developing businesses, expanding employment, and providing workers' welfare in an open,
democratic, and fair manner.
Industrial relations is the relationship between workers and employers in everyday
work. Therefore, it is a continuous relationship, The scope of industrial relations includes:
a) The relationship between employees, between employees and their superiors or managers.
b) The collective relationship between trade unions and management. This is called the
union-management relationship.
c) Collective relations between trade unions, employers' associations and the government
Scott, Clothier and Spiegel say that industrial relations must achieve maximum
individual development, desirable working relationships between management and employees
effective human resources. They have also affirmed that neither industrial relations nor
personnel administration is primarily concerned with all the functions that effectively connect
man with his environment. Thus, the scope of industrial relations seems to be very broad.
These include establishing and maintaining good personnel relations in the industry,
ensuring the development of the workforce, establishing closer contacts between people
related to the industry and between management and workers, creating a sense of belonging in
the minds of management, creating mutual affection, responsibility and mutual respect,
stimulating production as well as industrial and economic development, establishing a good
and peaceful industrial climate and ultimately maximizing social welfare.
Industry can be defined as a cooperative effort under the direction of management to
secure effective coordination of people, materials, and machines and money. The goal of good
industrial relations should be the development and progress of industry; through democratic
methods, stability, total welfare and happiness of workers; and industrial peace. Industrial
Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral
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peace is the fruit of good industrial relations. It is a harmonious atmosphere where there are
no "inquilabs", no strikes and no industrial disputes (Kouwagam, 2020).
Regional prejudice, provincialism and tribalism have no place where good industrial
relations prevail. The main objective of industrial relations is to realize a good and healthy
relationship between two partners in the industry, namely management and labor. According
to Kirkaldy, it lists the following four industrial relations objectives:
1) Improve the economic conditions of workers in the existing state of industrial management
and political government;
2) Industrial control by the State to regulate production and industrial relations;
3) Socialization or nationalization of industry by making the state an employer; and
4) Handing over ownership of industry to workers
Disputes that occur in the company environment are known as labor disputes or
industrial relations disputes. Historically, labor disputes were conflicts between employers or
employers' associations and trade unions or trade union combinations due to the absence of a
consensus of understanding about labor relations, working conditions and/or labor conditions
(Article 1 paragraph (1) letter c of Law No. 22 of 1957). Based on the Decree of the Minister
of Manpower Number-Kep 15.A / Men / 1994 the term labor dispute was changed to
industrial relations dispute.
According to Article 1 number 22 of Law Number 13 of 2003 jo Law Number 2 of
2004 Article 1 point 1, "Industrial relations disputes are differences of opinion that result in
conflicts between employers or combinations of employers and workers / workers or trade
unions / trade unions due to disputes over rights, disputes of interest, and disputes over
termination of employment as well as disputes between trade unions / trade unions in only one
company".
Based on Article 2 of Law Number 2 of 2004 concerning Settlement of Industrial
Relations Disputes, there are 4 types of industrial relations disputes, namely:
a) Disputes regarding rights Rights disputes are disputes arising from non-fulfillment of
rights, due to differences in implementation or interpretation of the provisions of laws and
regulations, work agreements, company regulations, or collective labor agreements.
b) Conflict of interest, Conflict of interest is a dispute that arises in an employment
relationship due to the absence of conformity of opinion regarding the making, and/or
change of terms of employment stipulated in the employment agreement, or company
regulations, or collective labor agreement.
c) Termination of employment is defined as termination of employment due to a certain thing
that results in the end of rights and obligations between workers / workers and employers.
d) Disputes between trade unions / trade unions in one company. Disputes between trade
unions / trade unions are disputes between trade unions / trade unions and trade unions /
unions, other workers in only one company, because there is no agreement on
understanding of membership, implementation of rights, and obligations of trade unions.
The increase in industrial relations disputes is usually caused by the existence of a
company that tends to only pursue profits (provit motive) so that it does not pay attention to
workers' rights. In industrial relations, entrepreneurs have a decisive position so that they are
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often used as a tool to advance their interests. The rise of outsourcing and continuous
extension of employment contracts is a real phenomenon in today's labor problems.
Workers usually have a weak position, both skills and knowledge of their rights are
used as a disguised reason to pressure workers. Therefore, it is usually workers who will be
harmed by these conditions. Workers will also feel resigned and powerless to fight against the
employer. This is due to workers' lack of knowledge of labor laws such as outsourcing
regulations, dispute resolution procedures, and others.
One of the disputes that occurred in this industrial relationship, where there was a
unilateral termination of employment (layoff) by the company PT. Can Group. Where this
case began with a worker / employee named Andry, and Andry himself was an employee of
the company PT. Bisa Group which is an Outsorching company, where the Andry company
puts Andry in one of the food and restaurant companies in the city of Medan called
Restaurant Beauty In The Pot Medan as a Cook 3.
The incident occurred on March 16, 2024, where at that time at Andry's workplace,
Andry found leftover rice at the place where he worked then, he took the initiative to cook the
leftover rice into fried rice and eat it together with 4 other colleagues at the place where he
worked, all because Andry and his colleague felt hungry. Then this was known by Cook 1
(superior) and reported it to the Supervisor with the initials DG who oversaw them.
Then on March 18, 2024, the Supervisor with the initials DG called Andry about the
actions he took on March 16, Andry also admitted the act, at that time the Supervisor said that
Andry said goodbye to his colleagues where he worked and tomorrow he would no longer
work at the restaurant (layoff).
After being laid off on March 19, 2024, Andry was called to the office of PT. Can
Group to face HRD, in the meeting Andry was asked to make a resignation letter & sign it.
But Andry did not want to sign the letter and the HRD was angry with Andry and then tore
the letter, then the HRD uttered words that were considered unkind, where he said "if you
want to continue to Disnaker please, at most you are embarrassed". therefore PT. It can be
alleged that the Group has unilaterally terminated Andry without the existence of appropriate
and correct legal processes and mechanisms, then the stipulwa has been reported to the LBH
Medan.
RESEACRH METHOD
The research method we use is: Normative Legal Research, according to Peter Mahmud
Marzuki called normative legal research, is a legal research process that examines by using
various library materials or secondary data sources, which are used and aim to find a rule of
law, legal principles, and legal doctrines that are useful to answer the legal issues faced
(Marzuki & Sh, 2020)
Meanwhile, according to Soerjono Soekanto, what is meant by Normative Legal
Research is a method that uses normative case studies by reviewing document studies, using
various secondary data such as laws and regulations, court decisions, legal theories, and can
be in the form of scholars' opinions (Martin & Fargo, 2014)
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RESULT AND DISCUSSION
Definition of Termination of Employment (PHK) and legal protection for workers /
workers due to unilateral termination of employment
The termination of employment for workers / laborers is the beginning of all
termination. Termination of having a job, termination of paying for daily necessities for
himself and his family, termination of the ability to send children to school, and so on
(Soepomo, 1987)
One of the basic principles of employment relations is to create harmonious and fair
working relationships accompanied by adequate social security protection that can ensure the
continuity of work and business. Harmonization of labor relations is the basic capital to create
good productivity on an ongoing basis (Scharnell & Sabol, 2022).
For workers or workers, termination of employment (PHK) is the beginning of loss of
livelihood, meaning workers or workers lose their jobs as well as their income. Therefore, the
term layoff is a fear for workers because they and their families are threatened by their
survival and suffer the consequences of the layoff. Given the facts in the field, finding a job is
not as easy as imagined.
So what he named Termination of employment is a condition where the end of an
employment relationship between employees and agencies, meaning that employees are no
longer working after the issuance of a termination letter and are no longer employed as
employees or in other words, what is meant by termination of employment is a condition
where employees are dismissed or no longer work from the agency because the employment
relationship between employees and agencies is broken, or the contract period is not renewed
again.
Meanwhile, according to Law No. 13 of 2003 concerning employment, where
termination of employment is defined as termination of employment relations due to certain
things that result in the end of rights and obligations between workers / workers and
employers.
The reasons for termination of employment from oneself are: (1) a request for
resignation of a submission given directly by the employee personally, with the reason to find
a better and more profitable agency; (2) the reason for entering retirement age, the employee
will stop working in accordance with the age policy set by the agency; (3) dismissed for
negligence, the presence of employees who commit fraud such as fraud and theft; (4) poor
health; (5) to continue education; and (6) want to be self-employed.
And the provisions regarding termination of employment itself are clearly regulated in
law number 13 of 2003 concerning Manpower which includes termination of employment
that occurs in business entities that are legal entities or not, owned by individuals, owned by
partnerships or owned by legal entities, both private and state-owned, as well as social
enterprises and other businesses that have managers and employ others by paying wages or
other forms of rewards (Bachriar, 2019).
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According to Article 151, employers, workers, trade unions, and the government, with
all efforts must try not to terminate employment. In the event that all efforts have been made,
but termination of employment cannot be avoided, then the purpose of termination of
employment must be negotiated by employers and trade unions / trade unions or with workers
/ workers if the workers / workers concerned are not members of trade unions / trade unions.
In the event that all efforts have been made, but termination of employment cannot be
avoided, then the purpose of termination of employment must be negotiated by employers and
trade unions / trade unions or with workers / workers if the workers / workers concerned are
not members of trade unions / trade unions (Ramadhan, Kamal, & Mamonto, 2021).
Furthermore, in Article 152, it is stated that applications for termination of employment
can be made by making a written application accompanied by reasons and bases to the
industrial relations dispute resolution agency. The industrial relations dispute resolution
agency accepts and assigns an appointment to the application. If the Termination of
Employment is carried out without passing a determination, it is null and void.
Article 153 of Law Number 13 of 2003 stipulates that employers / employers cannot
terminate employment for the following reasons:
a) Workers who are sick according to a doctor's statement for no more than 12 months
continuously,
b) Workers are fulfilling obligations to the state.
c) Workers practice worship according to their religion.
d) Married workers
e) Female workers who become pregnant, give birth, abort or breastfeed babies.
f) Employees have marital ties or blood relations with other employees in one company
unless mentioned in company regulations.
g) Workers carry out trade union-related activities outside of working hours.
h) Differences in understanding, religion, political current, ethnicity, color, class, gender,
physical condition or marital status.
i) Workers are sick or permanently disabled as a result of work accidents
If the termination of employment is carried out for the above reasons, the employer is
obliged to re-hire. However, in the event of termination of employment, employers are
required to pay severance pay and/or service award money and compensation money that
should be received.
However, in Andry's case, where there has been a unilateral termination of employment
(layoff) by PT. Can Group, without being given rights in the form of severance pay that
should be received by Andry, and where from these actions it can be seen that PT. The Group
may be considered to have violated Article 28D paragraphs (1) &; (2) of the 1945
Constitution which states "(1) Everyone has the right to recognition, guarantee, protection,
and fair legal certainty and equal treatment before the law. (2) Everyone has the right to work
and to fair and proper remuneration and treatment in employment relations".
then Article 17 of Law No. 39 of 1999 concerning Human Rights which states
"Everyone, without discrimination, has the right to obtain justice by filing applications,
complaints, and lawsuits, both in criminal, civil, and administrative cases and to be tried
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through a free and impartial judicial process, in accordance with the procedural law that
guarantees objective examination by honest and fair judges to obtain a fair and correct
verdict".
Then Article 161 Paragraphs (1) and (2) of Law Number 13 of 2003 concerning
Manpower which contains "In the event that workers / workers violate the provisions
stipulated in the work agreement, company regulations or collective labor agreement,
employers can terminate employment, after the workers / workers concerned are given the
first, second, and third warning letters consecutively".
As well as Article 151, Employers, workers / workers, trade unions / trade unions, and
the government, with all efforts must try not to terminate employment. In the event that all
efforts have been made, but termination of employment cannot be avoided, then the purpose
of termination of employment must be negotiated by employers and trade unions / trade
unions or with workers / workers if the workers / workers concerned are not members of the
trade union / trade union".
And sadly, the wages received by Andry when working are not in accordance with the
Governor's Decree numbered: 188.44/998/KPTS/2023 that the 2024 Medan UMK is Rp.
3,769,082. However, Andry only gets a monthly wage of Rp. 3,085,000 (Less Wage), this is
proven by salary slips. And this is also very contrary to the provisions in article 156 paragraph
(1) of Law Number 13 of 2003, where employers should be required to pay severance pay and
/ or service award money and compensation money that should be received by workers.
In the case of unilateral termination of employment that has been carried out by PT.
This is clearly also very contrary to Law No. 13 of 2003 concerning employment, especially
in the provisions of Article 151 of Law No. 13 of 2003, which says "that employers,
workers/laborers, trade unions/trade unions, and the government, with all efforts must strive
to avoid termination of employment (PHK).
In the event that all efforts have been made, but termination of employment cannot be
avoided, then the purpose of termination of employment must be negotiated by employers and
trade unions / trade unions or with workers / workers if the workers / workers concerned are
not members of the trade union / trade union".
So in that article it has been explained that if there is a termination of employment, then
the termination of employment must be negotiated first between the employer or trade union /
trade union and workers / workers, not a unilateral termination of employment by the
company.
Where the actions taken by PT. The Group may be subject to imprisonment for a
minimum of 1 (one) year and a maximum of 4 (four) years and/or a fine of at least IDR
100,000,000.00 (one hundred million rupiah) and a maximum of IDR 400,000,000.00 (four
hundred million rupiah). And these provisions have been regulated in Article 185 Paragraph
(1) of Law No. 13 of 2003.
Industrial Relations Dispute Resolution
The settlement of Industrial Relations Disputes has been regulated in Article 136 of
Law Number 13 of 2003, which is explained as follows:
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1) In principle, the settlement of industrial relations disputes must be carried out by
employers and workers / workers or trade unions / trade unions by deliberation for
consensus.
2) In the event that a deliberative settlement for consensus as referred to in paragraph (1) is
not reached, then employers and workers / workers or trade unions / trade unions resolve
industrial relations disputes through industrial relations dispute resolution procedures
regulated by law.
And regarding the mechanism for resolving Industrial Relations Disputes itself, in
general, it has been regulated in Law Number 2 of 2004. This Law contains Settlement of
Industrial Relations Disputes Outside the Court and Settlement of Industrial Relations
Disputes through the Courts. Where if a dispute occurs, the first step taken is to use dispute
resolution outside the court, which means resolving without going through the process of
proceeding in court. Then, if it cannot be resolved outside the court, the final step to decide
the dispute is to settle it in court (Hanifah, 2024; Kesuma & Vijayantera, 2018).
Settlement of Industrial Relations Disputes Outside the Court is a mandatory thing that
must be taken by the parties before the parties take a settlement through the Industrial
Relations Court, where Industrial Relations Disputes Outside the Court prioritize deliberation
for consensus (Pramono, 2020).
There are basically 4 types of settlement of industrial relations disputes outside the
court, namely: settlement through bipartite negotiation, settlement through mediation,
settlement through conciliation, settlement through arbitration. Settlement through bipartite
negotiations
Every dispute that occurs in the company must be resolved bipartite between employers
and workers / workers and / or with trade unions / trade unions. Bipartite negotiations are
negotiations between workers / workers or trade unions / trade unions with employers to
resolve industrial relations disputes. In a bipartite solution, it is necessary to make:
a) Minutes of the results of negotiations containing the full names and addresses of the
parties, place and date of negotiations, the subject matter or reason for the dispute, the
opinions of each party, the conclusion or results of the negotiations and the dates and
signatures of the parties to the negotiations.
b) List of present talks.
c) Request and notice of negotiation from either party.
d) If a dispute settlement agreement is reached in bipartite negotiations, a Collective
Agreement is made and should be registered by the parties at the Industrial Relations
Court.
e) If bipartite settlement efforts are unsuccessful, then one or both parties to the dispute
register their dispute case to the agency responsible for local Manpower equipped with
evidence of bipartite settlement efforts that have been made.
Dispute resolution at the bipartite level can be declared not to reach agreement or fail if:
a) One party within 30 (thirty) working days has invited negotiations, but the other party does
not respond or is not willing to negotiate.
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b) Negotiations have been held in accordance with the agreed agenda and schedule, but the
negotiating parties did not reach an agreement or some or all of the issues negotiated
Settlement through mediation
Mediation is a way of facilitating dialogue, dispute resolution through mediation is
carried out by mediators located in each office of the agency responsible for employment.
This is in accordance with Article 1 number 11 of Law Number 2 of 2004 which states that
Industrial Relations Mediation, hereinafter referred to as mediation, is the settlement of rights
disputes, interest disputes, termination disputes, and disputes between trade unions / trade
unions in only one company through deliberation mediated by one or more neutral mediators
(Hanifah, 2024).
Industrial Relations Mediator, hereinafter referred to as mediator, is an employee of a
government agency responsible for labor who meets the requirements as a mediator
determined by the Minister to be in charge of mediating and has the obligation to provide
written advice to the disputing parties to resolve rights disputes, interest disputes, termination
disputes, and disputes between trade unions / trade unions In just one company. And this has
been clearly regulated in the Regulation of the Minister of Manpower of the Republic of
Indonesia Number 17 of 2004 concerning the Appointment and Dismissal of Industrial
Relations Mediators and Mediation Work Procedures. And regarding the provisions carried
out by the mediator in the Industrial Relations Mediation process itself as follows:
a) The head of the agency responsible for Manpower orders/appoints a Mediator to resolve
Industrial Relations Disputes.
b) The mediator has seven working days from receiving the dispute resolution delegation to
conduct research or investigation on the sitting of the case. After the investigation, a
mediation hearing shall be held no later than the eighth working day after the request is
received.
c) The mediator has the right to call witnesses or expert witnesses when necessary
d) When a dispute settlement agreement is reached, the parties make and sign a Joint
Agreement witnessed by the Mediator
e) If no agreement is reached by both parties, the mediator will make a written
recommendation within ten days after the hearing. The parties must provide a written
answer stating whether they accept or reject the advice within ten days of receiving it. No
response is considered rejection.
f) If the parties accept the recommendation, within three working days of their receipt, the
mediator shall assist the parties to draw up a Collective Agreement and register it in the
Industrial Relations Court for a registration deed.
g) Produce Minutes of Settlement of Industrial Relations Disputes if the parties or one rejects
the recommendation
h) The mediator must complete his or her duties within 30 days from the time they are asked
to resolve the dispute.
The results of mediation consist of two forms, namely:
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a) Successfully pushed the disputing parties to reach an agreement. The result is formulated
in the Collective Agreement.
b) It did not succeed in pushing the disputing parties to reach an agreement. For this reason,
the mediator compiles minutes of settlement efforts, as a report of accountability and as
material for one of the disputing parties to proceed to file a lawsuit with the Industrial
Relations Court.
1) Settlement through conciliation
Industrial Relations Conciliation hereinafter referred to as conciliation is the
settlement of interest disputes, termination disputes or disputes between trade unions /
trade unions in only one company through deliberations mediated by one or more neutral
conciliators.
Industrial Relations Conciliator, hereinafter referred to as conciliator, is one or more
who meets the requirements as a conciliator determined by the Minister, who is in charge
of conciliation and must provide written advice to the disputing parties to resolve interest
disputes, termination disputes or disputes between trade unions / trade unions in only one
company.
2) Settlement by arbitration
Settlement by arbitration is the settlement of industrial relations disputes outside the
Industrial Relations Court conducted by arbitrators. Industrial Relations Arbitrator
hereinafter referred to as arbitrator is one or more selected by the disputing parties from the
list of arbitrators established by the Minister to render an award on disputes of interest, and
disputes between trade unions / trade unions in only one company submitted for resolution
through arbitration whose award is binding on the parties and is final.
Industrial Relations Arbitration, hereinafter referred to as arbitration, is the resolution
of a dispute of interest, and disputes between trade unions / trade unions in only one
company, outside the Industrial Relations Court through the written agreement of the
disputing parties to submit the dispute resolution to the arbitrator whose award is binding
on the parties and is final.
Therefore, the problems experienced by andry can basically be resolved by going
through the Industrial Relations Court or can also be resolved outside the Court by
prioritizing deliberation to reach consensus, if there is a disagreement.
And as explained above, there are basically 4 types and ways of resolving industrial
relations disputes outside the court, namely: settlement through bipartite negotiations,
settlement through mediation, settlement through conciliation, settlement through
arbitration.
But the first most appropriate way to resolve the case is by mediation, where
mediation is a process in which to resolve industrial relations disputes carried out
peacefully with the appointment of a mediator. According to the provisions of article 1
number 11 of Law Number 2 of 2004 which states that Industrial Relations Mediation,
hereinafter referred to as mediation, is the settlement of rights disputes, interest disputes,
termination disputes, and disputes between trade unions / trade unions in only one
company through deliberation mediated by one or more neutral mediators.
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So mediation here is a settlement of industrial relations disputes by facilitating
dialogue and appointing a mediator to resolve industrial relations disputes.
And this is in accordance with the principle of Industrial Relations Dispute
Settlement has been regulated in Article 136 of Law Number 13 of 2003, where in the
settlement of industrial relations disputes must be carried out by employers and workers /
workers or trade unions / trade unions by deliberation for consensus. If in the event that a
deliberative settlement for consensus as referred to in paragraph (1) is not reached, then
employers and workers / workers or trade unions / trade unions resolve industrial relations
disputes through industrial relations dispute resolution procedures regulated by law.
And if the move does not succeed in encouraging the disputing parties to reach an
agreement. For this reason, the mediator compiles minutes of settlement efforts, as a report
of accountability and as material for one of the disputing parties to proceed to file a lawsuit
with the Industrial Relations Court. And the Industrial Relations court itself is a special
court located in the general judicial environment. In Law Number 2 of 2004 Article 56 it is
stated that the Industrial Relations Court has the duty and authority to examine and decide:
1) in the first instance regarding rights disputes;
2) in the first and last instance regarding disputes of interest;
3) in the first instance regarding termination disputes;
4) at the first and last level regarding disputes between trade unions / trade unions in one
company.
These are the steps that can be taken and used in resolving disputes and disputes in
Industrial Relations, especially in Andy's case where he carried out a unilateral termination
of employment at his workplace.
CONCLUSSION
Based on the background, and the discussion above, industrial relations disputes are an
event where there are differences of opinion and conflict between employers or combinations
of employers and workers / workers or trade unions / trade unions, due to disputes about
rights, disputes of interest, disputes over termination of employment, and disputes between
trade unions / trade unions in one company. As stipulated in Law Number 13 of 2003.
In this case, there has been a unilateral termination of employment (layoff) as a result
of a worker named Andry eating leftover rice along with 4 other colleagues at his workplace.
And as a result of that negligence, then Andry was expelled from the company without being
given the rights in the form of severance pay to which Andry was entitled as a worker, not
given by PT. Can Group. And this is considered to have violated and contradicted Article
28D paragraphs (1) &; (2) of the 1945 Constitution and violated the provisions of Law No. 13
of 2003. So that the actions taken by PT. The group can be included in the category of
criminal acts..
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Muhammad Rizky Syamandiri (2024)
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