Jurnal Sahabat ISNU SU
Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024

The Role of Arbitration in Resolving Industrial Relations Disputes in Indonesia: A Case Study of Employment

Manswab Mahsen Abdulrahman (University in Uganda)
Nikmah Dalimunthe (State Islamic University of North Sumatra)
Aryanti Khairunnisa Br Tarigan (State Islamic University of North Sumatra)
Ridho Rama Ardana Sinaga (State Islamic University of North Sumatra)



Article Info

Publish Date
30 May 2024

Abstract

In employment relationships, industrial relations conflicts are common and require efficient, fair, and effective resolution mechanisms. This study examines how arbitration institutions function in resolving industrial relations disputes and evaluates their advantages, disadvantages, and shortcomings within the Indonesian legal system. This study examines arbitration as an alternative dispute resolution method outside the Industrial Relations Court using a normative juridical approach based on laws, legal literature, and scientific studies. The results indicate that arbitration plays a significant role in encouraging conflict resolution through deliberation and agreement between disputing parties. Arbitration offers several advantages compared to litigation, such as faster dispute resolution, lower costs, confidentiality, procedural flexibility, and greater legal certainty through final and binding decisions. By encouraging agreed solutions, arbitration can also help maintain healthy relationships between employers and employees. However, the mechanism has disadvantages. These include limited opportunities for appeal, the possibility of arbitrator bias, ambiguity, and dependence on the arbitrator's ability and honesty. Despite these shortcomings, arbitration remains a useful means of resolving industrial relations conflicts when conducted with professionalism, impartiality, and good faith from all parties involved. Therefore, arbitration helps build a fair, stable, and productive industrial relations system.

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Journal Info

Abbrev

jsisnu

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, ...