Jurnal IUS (Kajian Hukum dan Keadilan)
Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT

THE SETTLEMENT OF INDUSTRIAL RELATION DISPUTES THROUGH MEDIATORS

SH, Irawan, (Unknown)



Article Info

Publish Date
20 Aug 2013

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

Copyrights © 2013






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...