SYSTEMATIC LITERATURE REVIEW: IMPLEMENTATION OF DISPUTE SETTLEMENT METHODS BETWEEN TRADE UNIONS AND COMPANIES IN INDONESIA

Sometimes the working relationship established between employers and workers or trade unions can run well. Sometimes differences in goals or interests owned by the two parties can cause conflicts or disputes that, if the organization or company cannot handle them properly, will harm the sustainability of the business undertaken by the organization. Therefore, it is necessary to have an industrial relations dispute resolution mechanism that can be done in two ways: through litigation (court) and non-litigation (outside the court). This study aims to provide a pattern of research overview with the theme of industrial relations dispute resolution with data obtained from several reputable international/national journals published between 2017 to 2023. The research method used, namely in the Systematic Literature Review (SLR) Method, is useful in identifying, reviewing, evaluating, and interpreting many studies obtained with research topics or themes that attract attention, as well as with certain relevant research questions. The results showed that the dominant platform used in research on the theme of industrial relations dispute resolution is the settlement mechanism and the role of trade unions in resolving labour relations disputes.


INTRODUCTION
Until now, the topic of resolving industrial relations disputes is still an interesting discussion to be researched or raised in a research or research. This shows that creating a harmonious working relationship between interested parties in the production process of goods and services in a company is still a separate problem that needs to be solved. As for some of the parties in question, which often cause disputes in employment relations, including employers and workers, or employers or combinations of employers and trade unions or union combinations. The dispute it causes can certainly be detrimental to both parties to the dispute if a solution is not found. Often disputes that occur are caused by several things, including the non-fulfillment of rights as a result of differences in implementation or interpretation of the provisions of applicable laws and regulations, differences in interests caused by the absence of conformity of opinions regarding the making and or changes in work conditions stipulated in work agreements, or company regulations or collective labor agreements, there is no conformity of opinion regarding the termination of employment relations carried out by one party, as well as disputes that occur between trade unions in one company caused by no adjustment regarding the understanding of membership, implementation of rights and obligations to trade unions (Zamani, 2011).
The data needed in this research is a collection of various kinds of journals that raise the theme or topic of resolving labour relations disputes taken from 2017-2023. The data that has been collected is then grouped into a matrix so that the conclusions obtained from the results of this study can provide a historical description of the aspects that are often used in research with the theme of industrial relations dispute resolution. In addition, this research is also expected to provide a clear picture of research patterns, especially those related to the theme of labour relations disputes which are intended for future researchers to be developed in other studies. Moreover, this study aims to provide a pattern of research overview with the theme of industrial relations dispute resolution with data obtained from several reputable international/national journals published between 2017 to 2023.

Object of research
The study used qualitative research method with systematic literature review approach. The object of this research is the settlement of industrial relations disputes. One reason that makes the settlement of industrial relations disputes the object of research in this study is that creating harmonious working relations among parties interested in a company is still challenging to find a solution to its settlement.

Research Questions
This research question is formulated based on the needs of the specified research topic or theme. Some of the research questions in question include the following: RQ1 : What is the mechanism for resolving industrial relations disputes most often applied to create harmonious working relations between employers and workers or trade unions? RQ2 : What role do trade unions have in resolving industrial relations disputes? RQ3 : What are the weaknesses of the industrial relations dispute resolution mechanism used to create good working relations?

Search Process
This is a stage that aims to obtain relevant data sources in answering the research questions that have been formulated previously. The search process is carried out by accessing several journal sites, as well as using a search engine in the form of Google Chrome with journal site addresses such as www.emerald.com,www.ebsco.com,www.proquest.com, as well as https://scholar.google.com.

Inclusion and Exclusion Criteria
This stage aims to determine whether the data obtained can be used in SLR research. Some of the criteria used in determining whether or not the data obtained in SLR research are appropriate include the following: 1) The data used is in the time between 2017 and 2023 2) The data needed is obtained through journal sites such as www.emerald.com, www.ebsco.com, www.proquest.com, as well as https://scholar.google.com 3) The data used relates to the object studied in this study

Quality Assessment
This is a stage that aims to evaluate the data that has been collected based on the following quality assessment criteria questions: QA1. Was the journal paper published between 2017 and 2023? QA2. Does the journal paper explain the mechanism for resolving industrial relations disputes? QA3. Does the journal paper explain the mechanism used in industrial relations dispute resolution? QA4. Is the journal paper explained regarding the conclusions and suggestions aimed at providing solutions in resolving industrial relations disputes? Furthermore, each journal paper that is evaluated is given an answer value for each of these questions with the following answer choices: 1) Y (Yes) is intended for the mechanism described in the journal paper during the period between 2017 to 2023 2) T (No) is intended for mechanisms that are not explained in journal papers during the period from 2017 to 2023

Data Collections
This is the stage of data collection needed in this study. The data collected is grouped into two sources, namely primary and secondary data sources. Primary data sources are data obtained directly from the original source or data collected directly in the field by researchers from the person concerned. In this study, the data collected was obtained by searching papers in reputable international/national journals. Meanwhile, secondary data sources used to complete primary data are obtained through the following steps: 1) Observation or observation, where the data needed in this study are collected through direct observation by searching online or through the journal website; 2) Literature Study, where the stage of data collection is carried out by reviewing data related to the SLR method in journals obtained through the website or site, and 3) Documentation, which is the stage where the data obtained can be stored on soft devices, such as Mendeley.

Data Analysis
In the next stage, the data that has been collected is analyzed to get answers to the research questions that have been formulated previously, which consist of: 1) The industrial relations dispute resolution mechanism that is most often applied to create harmonious working relations between employers and workers or trade unions 2) The role played by trade unions in the settlement of industrial relations disputes 3) Weaknesses of industrial relations dispute settlement mechanisms in Indonesia are used to create good working relations.

RESULTS AND DISCUSSION Search Process Results
The following is a table containing an explanation of the type of data or journal type obtained through the search process: Source: Results of Data Processing

Selection Results from Inclusion and Exclusion Criteria
In the next stage, a journal paper selection process is carried out, which is obtained through the results of a search process based on inclusion and exclusion criteria.

Quality Assessment
The following table contains an explanation of the quality assessment results, which shows whether the data can be used or not in this study. T : The data does not meet the criteria Y : The data meets the criteria X:Data is not used

Discussion
It is known that after the quality assessment of journal papers with the theme of resolving industrial relations disputes, as many as 28 journal papers are considered relevant to be used in answering research questions that have been previously determined. Meanwhile, several other journal papers are not used because the data needs problems, approaches, or information sufficient for data selection. This section explains the answers to some research questions that have been formulated previously.

RQ1. What is the mechanism for resolving industrial relations disputes most often applied to create harmonious working relations between employers and workers or trade unions?
Several studies in this study explain the mechanism of resolving industrial relations disputes. One of them is a study conducted by Mantilla (2021), which triggered the Combined Process (Med-Arb) concept in resolving industrial relations disputes between unions and employers. What is meant by Combined Process (med-arbitration) is the settlement of disputes outside the court using more than one settlement mechanism or, in other words, a combination of two or more settlement mechanisms in one arbitration proceeding. This concept can be used as one of the new dispute resolution methods that combines two dispute resolution methods into one resolution process called the Hybrid method. The Hybrid method, used as a dispute resolution method in Indonesia by the Indonesian National Arbitration Board (BANI), began to be developed in 2003 and used its rules and procedures in 2006. The hybrid method used by BANI is Arb-Med-Arb with various forms in the form of a combination of mediationarbitration, arbitration-mediation, and Arbitration-Mediation-Arbitration. Meanwhile, its implementation can be carried out at Tripartite Negotiations (mediation, conciliation and arbitration). If usually the settlement of this dispute is carried out by one method by one, in the combined process, this settlement can be done simultaneously between mediation and arbitration. The form of this dispute resolution method can be divided into two, including "the mediator functions as an arbitrator in the arbitration process", and the basic form of med-arb is "a full mediation process with a full arbitration process if the mediation process fails to resolve the entire dispute". And for paying Law, which is used as a basis for the application of combined process (med-arb) in settlement of industrial relations disputes, namely Law No.48  (1), (2), which reads: 1) ) "In addition to the Supreme Court and its subordinate judicial bodies and the Constitutional Court, there are other bodies whose functions are related to judicial power"; 2) "Functions related to judicial power as referred to in paragraph (1) include out-of-court settlements" Other studies related to the topic of working relationship dispute resolution are shown by Permatasari, Iqbal, and Habibullah (2021)  Research disclosed by Manurung (2018) describes the bipartite negotiation process as a mechanism for resolving industrial relations disputes. With reference to the provisions of Article 3 paragraph (1) of Law no. 2 of 2004, stated that the settlement of industrial relations disputes (labour disputes) must be sought first through Bipartite negotiations (deliberations that are directly carried out by two parties, namely workers/labourers and employers/employers). Workers/labourers must immediately submit and record their problems to the Office of the Manpower Agency where workers/labourers work by attaching evidence of efforts to make comparisons and other evidence regarding disputes that have occurred. Likewise the study revealed by Ridwan, Muhammad and Nurhakim, (2020) which examines bipartite negotiations which are used as the Master Mind for resolving employment termination disputes caused by the Corona Pandemic which states that one of the advantages of Bipartite Negotiations is the starting point and Finally, in resolving layoff disputes caused by the Corona Pandemic, apart from being simple and fast, also minimizes the burden on employers in fulfilling their obligations to continue paying process wages. In addition, the study also explained that the principle that needs to be considered in the implementation of bipartite negotiations is good faith as stated in Article 3 paragraph (1) letter a of the Minister of Manpower Bipatrite Negotiations stipulates: "In conducting bipartite negotiations, the parties must have good faith".

RQ2. What role do trade unions have in resolving industrial relations disputes?
Research developed by Misra and Ghosh (2022) states that several reasons for the decline in trade union membership in developing countries include offshoring routine manufacturing work, subcontracting on smaller units, union suppression actions by employers, and adoption of various human resource practices that replace the role of trade unions. Therefore, to prevent a decrease in the coverage and effectiveness of trade unions which results in reduced union membership, it is necessary to change strategies and increase trade union competence. One form is the development of competency models for trade union members that impact the performance of their members and contribute to the effectiveness of trade unions. Some important competencies identified in this study for trade union members include result orientation, aligning critical constituencies, networking skills, and effective feedback sharing. Meanwhile, Amiq and Albab (2019) in his study explained that the purpose of establishing a trade union, as stated in Law No. 21 of 2000 concerning Labor Unions, is to provide protection, defend the rights and interests of workers, and improve the welfare of workers. Even so, the reality is that many companies still have yet to realize the importance of being established in a company which results in the emergence of an inharmonious working relationship within the company. Therefore, it is necessary to have a determinant advocacy model for implementing the Labor Union Law, which can bridge the interests of companies and workers to create harmonious industrial relations to improve the performance of trade unions and companies. It was stated that the advocacy activities contained in Law no. 21 of 2000 concerning Worker/Labour Unions, including: 1) Advocacy for the Making of Collective Labor Agreements (PKB), namely advocacy for the drafting of Collective Labor Agreements which includes activities of assisting workers in making drafts until obtaining approval from the Manpower Office which includes name, place of residence and the address of the labor union and the company, the number and date of registration of the labor union by the responsible agency, the rights and obligations of the company and workers, the period and date when the CLA is effective and the signatures of the parties making the PKB; 2) Bipartite advocacy, namely assistance provided by a trade union when a dispute is made by a trade union with a company, both normative and interests at the company level, be it rights disputes, conflicts of interest, and employment termination disputes; 3) Tripartite advocacy, i.e. assistance provided by trade unions if disputes at the bipartite level are not approved by the parties to the dispute, then the dispute is submitted to the Manpower Office for mediation and recommendations are made by the Manpower Office; 4) IRC Advocacy Industrial Relations Court, a special court formed within the district court who has the authority to review, try, and give decisions on industrial relations disputes. Grant (2021) through his study, argues traditionally, labour unions are seen as organizations that advocate for the interests of their members, which are carried out through collective bargaining, settlement of labour disputes and strikes, and even boycotts when necessary. Nonetheless, in the last few decades, labour unions, in fighting for the welfare of their members, have often been carried out through a more strategic top-down approach, such as acting as company shareholders, especially through workers' pension funds. However, a dual agency problem arises when unions acting as pension fund managers for their members potentially prioritize their representational responsibilities over their fiduciary responsibilities to the same members.

RQ3. What are the weaknesses of the industrial relations dispute resolution mechanism used to create good working relations?
A study conducted by Handayani (2021) states that the weakness of the industrial relations mediation system can be seen in the mediation system can also be seen in the Supreme Court of the Republic of Indonesia Regulation Number 1 of 2016 concerning the mechanism for implementing mediation in the judiciary, especially in Article 7, Article 22, and Article 23, which only focuses on the good ethics of the parties to the dispute. That way, the provisions of the article only regulate how to fulfil ethical requirements in the process of implementing mediation without starting from the results of the mediation. As a result, if in an industrial relations dispute, there is one or both parties do not follow the results of the mediation, then no sanctions can be given related to this. Furthermore, other weaknesses of the mediation system can be seen in the Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 17 of 2014 concerning the Appointment and Dismissal of Industrial Relations Mediators and Mediation Work Procedures, which is shown by the absence of real efforts in terms of simulating the settlement of industrial relations disputes by means of mediation through morning sanctions of the party found guilty, so that the implementation of the mediation results in returns to the good ethics of the parties which is possible to violate.

CONCLUSION
Based on the results of observations from several studies or research reviewed in this study, it is concluded that; (1) by referring to the results of the SLR conducted in several journal papers published in the 2017-2023 period, it is known that the industrial relations dispute resolution mechanism can be pursued in two ways: through litigation (court) and non-litigation (outside court). Non-litigation settlement can be done through bipartite negotiations, mediation, conciliation and arbitration, (2) by referring to the results of the SLR conducted in several journal papers published in the 2017-2023 time period, it is known that trade unions can play a role in advocating for the interests of their members, and (3) by referring to the results of the SLR conducted in several journal papers published in the 2017-2023 time period, it is known that there is one journal paper which explains the weaknesses of the mediation system as an alternative to resolving industrial relations disputes.