Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Arifin, Ariani Arifin
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Arrangements for Consensus-Based Deliberation in the Settlement of Industrial Relations Disputes that are Harmonious and Just Arifin, Ariani Arifin; Riza, Marwati; Bachri, Syamsul; Supardi, Muhammad
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 1 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i1.10470

Abstract

The principle of deliberation and consensus is the spirit of the Pancasila industrial relations system in Indonesia, which aims to create a balance between workers' rights and the sustainability of employers' businesses. This study aims to analyze the legal transformation of the deliberation and consensus mechanism in resolving industrial relations disputes, starting from the era of Law Number 22 of 1957 to Law Number 2 of 2004 (the PPHI Law). The research method used is normative or doctrinal legal research with a statutory approach and library research. The results show that in the era of Law No. 22 of 1957, the dispute resolution mechanism was authoritative, where the state through P4D/P4P dominated the final decision and placed deliberation only as an administrative formality. In contrast, after the enactment of the PPHI Law, there was a paradigm shift towards an autonomous-participatory system that requires bipartite negotiations as an absolute requirement before litigation. However, this implementation still faces challenges in the form of unequal bargaining power and issues of good faith that often trigger "forced consensus." This study concludes the need for a reconstruction of norms that allow law enforcement to test substantive good faith in the bipartite process to realize harmonious social justice for the world of work in Indonesia.
Co-Authors Riza, Marwati Supardi, Muhammad Syamsul Bachri