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PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI MEDIASI (STUDI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI KEPULAUAN RIAU)
This study aims to analyze how the Department of Manpower and Transmigration of the Riau Islands Province implements the mediation mechanism in resolving industrial relations disputes. The background of this research is based on the increasing number of industrial relations disputes, particularly those related to termination of employment, which frequently occur in the Riau Islands Province as a region with high industrial activity. This condition encourages the government to provide a dispute resolution mechanism through mediation at the Department of Manpower and Transmigration as an alternative dispute resolution that is neutral, efficient, and prioritizes settlement through deliberation without having to go through the process at the Industrial Relations Court. This research uses an empirical juridical approach with field research methods combined with normative legal analysis. Primary data were obtained through interviews with Industrial Relations Mediators of the Riau Islands Province, while secondary data were derived from Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, as well as legal literature and related academic journals. Data analysis was conducted qualitatively using a descriptive-analytical approach to describe the obstacles and the legal efforts implemented in practice. The results of the study indicate that the implementation of mediation still faces several obstacles, including the lack of good faith from the disputing parties, the imbalance of bargaining positions between workers and employers, and the limited number of mediators. These conditions cause the success rate of mediation in producing Collective Agreements to remain relatively low, where cases successfully resolved through Collective Agreements only account for approximately ten percent of the total mediated cases. To overcome these obstacles, several efforts have been undertaken, including strengthening the summons mechanism and encouraging the attendance of the parties, directing negotiations toward the interests of the parties, and managing case handling in a more structured manner. These efforts are aimed at improving the effectiveness of mediation so that the process of resolving industrial relations disputes can run more optimally.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040186 Dzikri Muhammad Rachman Hasyim
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI MEDIASI (STUDI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI KEPULAUAN RIAU) (Text)
HTML Summary of #76509 PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI MEDIASI (STUDI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI KEPULAUAN RIAU)
331.89 Perselisihan Perburuhan, Negosiasi, Mediasi, Arbitrase, Hubungan Industrial