Legal Reform of Mediation Towards Fair Industrial Conflict Resolution
DOI:
https://doi.org/10.59188/jcs.v3i12.2921Keywords:
mediation, industrial conflict, legal reformAbstract
Legal reform of mediation in the resolution of industrial conflicts is a crucial concern given the increasing complexity of disputes between workers and employers. The mediation process, which is expected to serve as an effective and fair middle ground, often encounters obstacles due to regulatory weaknesses and the lack of understanding and trust from the parties involved. This research aims to evaluate the effectiveness of the current legal framework for mediation and propose solutions for improvements in order to achieve more equitable conflict resolution. This study employs qualitative methods with both normative and empirical approaches. Data is collected through literature reviews, legal analysis, and interviews with relevant stakeholders such as mediators, employers, and workers. The research findings indicate that although mediation has significant potential in resolving industrial conflicts, weaknesses in implementation and regulatory oversight often render this process suboptimal. Therefore, legal reform is necessary, encompassing the enhancement of mediator capacities, the revision of regulations pertaining to the rights and obligations of the parties, and the strengthening of monitoring and evaluation mechanisms. This reform is expected to improve public trust in mediation and create fair and equitable resolutions for all parties.
References
Abbas, D. R. S. (2017). Mediation: in sharia law, customary law, and national law. Prenada Media.
Aisyah, N. (2020). HR Behavior During Covid-19. CV AA Rizky.
Am, M. A. (2024). Implementation of fixed-time work agreements for PT BTU workers. Journal of Law, Politics and Social Sciences, 3(4), 1–36.
Artadi, P. (2021). International Organization Law as an instrument of international stability. Journal of Pacta Sunt Servanda, 2(2), 95–108.
Izzuddin, A., Indrakorniawan, R., & Stiarso, H. A. (2022). Analysis of efforts to resolve the Russia-Ukraine conflict in 2022. Journal of Pena Wimaya, 2(2).
Juliswara, V., & Muryanto, F. (2022). Indonesia is in the Vortex of Globalization, Development of Positive Values of Globalization for the Progress of the Nation. Uwais Inspirasi Indonesia.
Mantili, R. (2021). The concept of resolving industrial relations disputes between trade unions and companies through the Combined Process (Med-Arbitration). Journal of Bina Mulia Hukum, 6(1), 47–65.
Manurung, M., & Adab, S. H. M. H. P. (2023). The reconstruction of the authority of the Industrial Relations Court realizes a simple, fast and low-cost trial. Publisher Adab.
Muhtar, M. H., Tribakti, I., Salim, A., Tuhumury, H. A., Ubaidillah, M. H., Imran, S. Y., Laka, I., Saragih, G. M., Iping, B., & Amin, F. (2023). Indonesian Legal Concepts. Global Technology Executive, 35.
Muin, M. P. (2022). Human resource management. IAIN Madura Press.
Shalihah, F. (2017). The Influence of the ASEAN Economic Community (AEC) on the Existence of Migrant Workers (Unsklilled Labour) in Indonesia.
Siahaan, M. (2022). Procedural Law of the Constitutional Court of the Republic of Indonesia (second edition). Sinar Grafika.
Simanjuntak, E. (2018). The Role of the Mediator of the Medan City Manpower Office in Resolving Industrial Relations Disputes.
Sinaga, N. A., & Zaluchu, T. (2021). Legal Protection of Workers' Rights in Employment Relations in Indonesia. Journal of Industrial Technology, 6.
Sitinjak, B., & Ediwarman, E. (2014). Application of the Special Procedural Law of the Industrial Relations Court at the Medan District Court (Study of the Decision of the Industrial Relations Court at the Medan District Court). Journal of Mercatoria, 7(1), 16–29.
Sudewo, F. A. (2021). Restorative justice approach for children who are facing the law. Nem Publisher.
Warjiyati, S. (2018). The existence of law in conflict resolution in autonomous regions. Ahkam Journal of Islamic Law, 6(2), 389–410.
Yunus, M., Husen, A., Alexandri, M. B., & Tabrani, M. (2024). Industrial Relations. Syiah Kuala University Press.
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