Karya Ilmiah
DISERTASI (239) - Karakteristik Penyelesaian Perselisihan Hubungan Industrial
Industrial relations are expected to be applied harmoniously and can have benefit
for all the industrial relations participants themselves. In fact, the industrial
relations practice is not always in line with expectations. Frequent occurrence of
conflicts or disputes in the terms of labor law is called the industrial relations
disputes. Many factors can trigger these industrial relations disputes.
There are two mechanisms for resolving the industrial relations disputes, namely
through litigation and non-litigation practices. The litigation practice is performed
by filing an industrial relations dispute to the industrial relations court. The non-
litigation practce offers three institutions, such as through conciliation, mediation
and arbitration.
The dispute settlement of industrial relations turned out to have characteristics that
differs it from other dispute settlement. The juridical character of industrial
relations dispute settlement through the non-litigation practice in the form of
alternative dispute settlement is different from the alternative dispute resolution in
theory, due to the excistence of the public law character in the dispute settlement
of industrial relations through non-litigation practice. The character of industrial
relations dispute settlement through a non-litigation practice differs from the
industrial relations dispute settlement through non-litigation practice with the
character of private law.The characteristics of the dispute settlement of industrial
relations occur because of the principles of resolving industrial relations disputes.
The principles of industrial relations dispute resolution are universally applicable
and some arise based on the industrial relations system that applies in each
country.
The principles of industrial relations dispute settlement are regulated in the
existing laws and regulations, manifested in the establishment of industrial
relations dispute settlement institutions and also applied in the court decisions.
The principles of industrial relations dispute settlement that have not yet been
implemented are the mutual trust principle and the labor market flexibility
principle.
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