Optimization Of Labor Dispute Settlement In Indonesia: A Comparative Study With Japan

Abstract

According to applicable laws and regulations in Indonesia, settlement of industrial relations disputes can be carried either by voluntary settlement method through bipartite negotiation, conciliation, mediation, and arbitration; or a mandatory settlement method at the Industrial Relations Court. Problems that arise in the settlement of industrial relations disputes can be caused by several factors, including disputes regarding rights, interests, termination of employment and disputes between trade unions in one company. Moreover, there is also the problem of the competence of the Industrial Relations Court to try and hear cases, so that the settlement of labor disputes cannot be carried out optimally if compared to other countries, such as Japan. This research is legal research with a normative juridical approach which is based on the study of existing laws and regulations to examine the principles, norms, and rules of the judiciary. This research identified several weaknesses, both in terms of legal structure and substance in the efforts to renew industrial relations dispute settlement through the Industrial Relations Court. Industrial Relations Courts have been established at district court in every city/regency in overcoming these weaknesses. Amendments to Law No. 2 of 2004 Concerning Industrial Relations Dispute Settlement are still considered inadequate in accommodating the principles of simple, fast, and low-cost judiciary in the proceedings at the Industrial Relations Court, if compared to other countries, such as Japan