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All Journal Media Hukum Indonesia (MHI)
Neil Aldrin E. Foeh
Law Firm Neil Aldrin & Partners
Law, Crime, Criminology & Criminal Justice

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Implementasi Penyelesaian Sengketa Hubungan Industrial: Studi Kasus Sengketa pada PT Asuransi Harta Aman Pratama Najwa Putri Khairunnisa; Suwarsit S; Neil Aldrin E. Foeh
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23887889

Abstract

Out-of-court dispute resolution (Alternative Dispute Resolution/ADR) in industrial relations is regulated under Law Number 2 of 2004 on Industrial Relations Dispute Settlement (PPHI Law), which comprises bipartite negotiation, mediation, conciliation, and arbitration. This study analyzes the regulation of ADR in the employment sector and its implementation in a dispute between PT Asuransi Harta Aman Pratama and two former members of its Board of Directors, who held a dual status as employees and corporate organs. The study employs a normative juridical method with a statutory approach through library research. The findings show that the PPHI Law provides a tiered ADR framework that promises faster and more cost-effective resolution. However, in this case the mediator concluded that the dispute fell outside the scope of the PPHI Law because the employment relationship ended upon appointment through the General Meeting of Shareholders (GMS), and therefore recommended that the dispute be resolved under company law at the District Court. ADR thus served merely as a procedural filter and a forum-shifting mechanism, while the mediation period exceeded the formal time limit. This study concludes that the success of employment-related ADR depends heavily on the clarity of the parties’ legal status.
A Juridical Analysis of the Exception of Incomplete Parties (Plurium Litis Consortium) in a Fire Insurance Claim Dispute (A Study of Court Decision Number 947/Pdt.G/2020/PNJKT.SEL) Pradana Adji Setyo; Suwarsit S; Neil Aldrin E. Foeh
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23906941

Abstract

Insurance claim disputes involving collateral often raise formal problems in civil procedural law, particularly regarding the principle of complete parties. This study aims to analyze the application of the plurium litis consortium principle in insurance disputes containing a Banker's Clause, as well as to examine the legal consequences of a breach of contract lawsuit if the collateral-holding bank is not included as a party to the case. Through a normative juridical research method with case and statutory approaches, the results of the study indicate that the collateral clause grants absolute rights to the bank over the object of the dispute, thus transforming its position into a directly interested party. The plaintiff's negligence in including the bank is proven to violate the audi et alteram partem principle and results in the lawsuit's construction becoming formally defective as an error in persona classified as plurium litis consortium. The legal consequence arising from this procedural defect is the issuance of a Niet Ontvankelijke Verklaard (N.O) decision by the panel of judges, which immediately halts the examination process without touching upon the evidentiary aspects of the main case. The rendering of this N.O decision represents the dominance of legal certainty over substantive justice, where the decision lacks material binding force (res judicata) and the ne bis in idem principle does not apply. 
Co-Authors Najwa Putri Khairunnisa Pradana Adji Setyo Suwarsit Suwarsit