Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses

Siti Nurhayati (Faculty of Law, Universitas Pembangunan Panca Budi Medan)
Fitri Rafianti (Faculty of Law, Universitas Pembangunan Panca Budi Medan)
Emi Wakhyuni (Faculty of Management, Universitas Pembangunan Panca Budi Medan)
Willyam Lorencius Hutabarat (Faculty of Management, Universitas Pembangunan Panca Budi Medan)

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): PENA JUSTISIA

In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.