Performance Effectiveness Of Mediators In Settlement Of Industrial Relations Disputes In Manpower And Transmigration Services

Sarah Magfirah Daud

Abstract


The purpose of this study is to describe and identify the performance of mediators in resolving industrial relations disputes at the Manpower and Transmigration Office of Gorontalo Regency and to identify and analyze the inhibiting factors experienced by mediators in resolving industrial relations disputes if they fail. The research method used is sociological juridical, namely examining applicable legal provisions and what happens in society or research conducted on real conditions that occur in society. The results of this study are that the success of a mediation process depends on the performance of the mediator himself in the settlement of industrial relations disputes. According to the mediator at the Manpower and Transmigration Office of Gorontalo Regency, cases that are often handled and resolved at the mediation stage are cases of disputes over the termination of employment (PHK). In the mediation process, failure is something that is also found in reaching a collective agreement, because several internal and external factors make the mediation process unsuccessful, so it is recommended to go to court. The conclusion from the research is that the performance of the mediator in the settlement of industrial relations disputes at the Department of Manpower and Transmigration of Gorontalo Regency has been running according to the applicable regulations and has not been effective.

 


Keywords


Performance, Mediator, Settlement, Dispute, Industrial Relations.

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References


References

Book’s

Fauzin. 2019. International Law (Between the Protection of Human Rights and the Domination of Developed Countries). Malang: PT Book Mart Indonesia.

Hilman Syaharial. 2019. Community Mediation as an Alternative for Dispute Resolution. Central Java: Lakaisha.

True Hono. 2018. Reconstruction of Case Examination in Industrial Relations Courts Based on Fast, Fair, and Cheap Values. Bandung: Pt Citra Aditya Bakti.

Luis Marnisah. 2019. Industrial Relations And Compensation (Theory And Practice). Yogyakarta: Depublish.

M. Thaib & Ramon Nofrial. 2019. Settlement of Industrial Relations Disputes. Yogyakarta: CV Budi Utama.

Susanti A. Nugroho. 2019. Benefits of Mediation as an Alternative for Dispute Resolution. Jakarta: Kencana.

Zaeni Asyhadie & Rahmawati Kusuma. 2019. Employment in Practical Theory in Indonesia. East Jakarta: Prenadamedia Group.

Journal

Abdul Hamid Tome and Weny A. Dungga. "The Ambivalence of the Legal Position of the People's Consultative Assembly in the Inauguration of the President and Vice President". Assembly Journal. Issue 08. September 2020.

Akbar Pradima. “Alternatives for Settlement of Industrial Relations Disputes Outside the Court”, DIH, Journal of Legal Studies. Volume. 9, Number. 17. February 2015.

Andry Sugiantar. “Industrial Relations Dispute Resolution through Mediation of the Semarang City Manpower and Transmigration Service”, Diponegoro Law Review. Volume 5, Number 2, Year 2016.

Fence M. Wantu, et al. "The Position of Village Regulations in the System of Formation of Legislation". Ius Civile Journal. Volume 4, Number 2, October 2020.

Fence M. Wantu and Usman Rasyid. "Redefinition of the Judicial Commission's Authority in the Constitution: Efforts to Harmonize the Decisions of Indonesian Judicial Power Actors". Assembly Journal. Issue 08. September 2020

Haikal Arsalan and Dinda Silviana Putri. "Law and Human Rights Reform on Industrial Dispute Settlement" Journal of HAM. Volume 11, Number 1, April 2020.

Iis Dewi Fitriani, et al. "Evaluation of West Java KPU Logistics Distribution Performance as a Success Parameter of the 2018 Simultaneous Regional Head Elections". MEA Scientific Journal. Vol 4 No 2 (2020): May - August 2020 edition.

Julius T Mandjo and Suwitno Y Imran. "Implementation of the 1945 Constitution of the Republic of Indonesia Article 27 Paragraph 2 concerning the right to obtain work and a decent life for humanity". Assembly Journal. Issue 08. September 2020

Maswadi. “Employment Dispute Resolution at the Industrial Relations Court” Journal of Public Administration. Volume 5. Number 1. 2017.

Weny A. Dungga and Abdul Hamid Tome. "Identification of Inhibiting Factors in the Implementation of Labor Inspection in Gorontalo Province". Jambura Law Review. Volume 1, Issue 01. January 2019.

Legislation

Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes.

Law Number 13 of 2013 concerning Manpower .




DOI: https://doi.org/10.33756/eslaj.v2i3.14783

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