Karya Ilmiah

TESIS (1139) - Karakteristik dan Upaya Hukum Penyelesaian Sengketa Alternatif Dalam Perselisihan Perburuhan

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In the UU PPHI, it is introduced some mechanisms in alternative problem
resolution, which has special characteristics: conciliation, mediation and
arbitration. These three regulations of alternative problem resolution in
industrial relationship dispute have been alternative forums that have been
trusted by industrialization doers in solving their lawsuit out of court. What are
the characteristics and law efforts that can be run by industrial doers toward
those three ways of the alternative dispute resolution in solving any dispute?
By using normative and doctrinal research methods, the data accumulation of
this research is done through document research and book investigations which
has something to do with manpower and industrial relationship dispute
resolution. The analysis was done deductively. From the data accumulation it
is known that reconciliation and mediation are a process of alternative dispute
resolution that involves one or more of the third party. Although conciliator
and mediator has rights and obligations to give their opinion openly and does
not take side to one of the party in a dispute, the conciliator and mediator do
not have any right to make a decision in a dispute for and on behalf of each of
the party. All the end result in reconciliation and mediation processes will be
taken fully by the disputing parties, which are written down on a form of
agreement (Joint Agreement), which has a certain law guarantee in the
implementation, through forced effort (flat execution) if one of the party does
not run the Joint Agreement. While on another hand, arbitration is a form of
alternative dispute resolution, which involves the taking of decision by one or
more arbiters. In arbitration process, the third party or all the neutral parties
will have a role as adjudicator or decision-maker of a case. If one of the party
does not implement the Deed Peace, thus the party which gets any compensate
could set forward execution request. Yet, from the result of the research it is
also known that the law efforts of those three ways of alternative dispute
resolution in an industrial dispute, through conciliation or mediation could be
reached by one of the disputing party by request accusation to the PHI if one or
more parties reject the written suggestion from the conciliator or mediator
which jurisdictionally is not final and tied up just like in arbiter decision.
While for the arbitration decision which has a final characteristic and tied up
characteristic, one party or more could ask for arbitration cancellation decision
request to the Supreme Court.
Keywords: dispute resolution alternatives, industrial relationship

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Ketersediaan

090710040

1139

Ruang Tesis

Tersedia namun tidak untuk dipinjamkan - Digudangkan

Informasi Detail

Judul Seri

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No. Panggil

1139

Penerbit

Surabaya : Universitas Airlangga., 2010

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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