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Irawan, SH, Irawan,
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Law, Crime, Criminology & Criminal Justice

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THE SETTLEMENT OF INDUSTRIAL RELATION DISPUTES THROUGH MEDIATORS SH, Irawan,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.854 KB) | DOI: 10.12345/ius.v1i2.243

Abstract

According to the Law  Number 30 Years 1999, article 6 section (3) if there is a dispute, based on the written agreement, either parties can resolve the dispute through a mediator. While the Law  No. 2 of 2004 article 4 section (4) if the parties do not specify the solution option whether through conciliation or arbitration within seven working days, the district institution related to employment will delegate the solution to the mediator. The mediation is conducted by a mediator in the institution related to labor affairs  in district level “. Mediation is not offered in conjunction with the conciliation or arbitration because the government wants to provide public services through competent mediators to resolve four types of disputes. Only Civil Servants (PNS) working at department of labor may be appointed as the mediator to solve dispute related to the industrial relationship, because government provides public services as State responsibility and intervention to resolve disputes between citizens. The absence of either parties in the mediators may cause injustice to the applicant or the defendant because the same deed  may raise a different legal consequence, so the absence of the applicant or the defendant should cause the same legal consequences.Keywords: Industrial Relations, Disputes Settlement, Mediator, Mediation
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