SYSTEMATIC
LITERATURE REVIEW: IMPLEMENTATION OF DISPUTE SETTLEMENT METHODS BETWEEN TRADE
UNIONS AND COMPANIES IN INDONESIA
Shinta Oktafien1, Evi Sofiati2,
Yadhi Kowara3, Jajang Permana4, Cucu Endang5, Teddy
Hidayat6, Iskandar Ahmadien7, Yelli Eka Sumadinata8, Tiarapuspa9*, Deasy Aseanty10
Faculty of Economics and Business, Universitas
Trisakti, Indonesia
E-mail: [email protected]1, [email protected]2, [email protected]3, [email protected]4, [email protected]5, [email protected]6, [email protected]7, [email protected]8, [email protected]9*, [email protected]10
|
KEYWORDS industrial relations disputes; labor union; mediation; conciliation;
arbitration |
ABSTRACT 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.
RESEARCH
METHOD
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
methods
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:
Table 1. Grouping
Types or Types of Journals
|
No |
Type Jurnal |
Total |
|
1 |
Rechtsidee. Vol. 2 (2),
December 2015, Pages 79-178 |
1 |
|
2 |
Publisher: Springer Nature |
1 |
|
3 |
1 |
|
|
|
|
|
|
4 |
Strategic Direction; Bradford Vol.
38, Iss. 5 (2022) |
1 |
|
5 |
Walisongo Law Review (Walrev), Vol. 2, No. 2 (2020) |
1 |
|
6 |
Group
Decision and Negotiation, 29, 11-60. (2020) |
1 |
|
7 |
Journal
of Industrial Relations, 65 (1), 3-21.
(2023) |
1 |
|
8 |
Employee
Responsibilities and Rights
Journal, 34 (3), 319- |
1 |
|
|
333. (2022) |
|
|
9 |
The Indian Journal of Labour Economics,
1-15. (2023) |
1 |
|
10 |
Employee
Responsibilities and Rights
Journal, 33, 253-263 |
1 |
|
|
(2021) |
|
|
11 |
Heliyon,
7(4), e06690 (2021) |
2 |
|
12 |
Research
Policy, 51(5), 104492. (2022) |
1 |
|
13 |
Environmental Innovation and societal transitions, 40, 421- |
1 |
|
|
434. (2021) |
|
|
14 |
Journal
of Industrial Relations, 62(1),
81-103. (2020) |
1 |
|
15 |
IIMB Management Review, 34(2), 130-142. (2022) |
1 |
|
16 |
RJOAS:
Russian Journal of Agricultural and
Socio-Economic |
1 |
|
|
Sciences. Issue 4(112), April 2021. |
|
|
17 |
International Journal of
Conflict Management, Vol.
26 Iss 3 |
1 |
|
|
pp. 288
– 315 (2015) |
|
|
18 |
Journal
of Korea Trade, Vol. 21
Issue: 4, pp. 366-386 (2017) |
1 |
|
19 |
Pakistan
Vision Vol. 18 No. 2
(2017) |
1 |
|
20 |
Hasanuddin Law Review Volume 8 Issue 1, April 2022 |
1 |
|
21 |
Jurnal
Ilmu Hukum Februari 2013, Vol. 9, No. 17, hal 1-18 |
1 |
|
22 |
Jurnal
Hukum dan Pranata Sosial
Islam, Vol. 5 Number 1, |
1 |
|
|
January-June 2023 |
|
|
23 |
Jurnal
Bina Mulia Hukum Volume 6, Nomor 1, September |
1 |
|
|
2021 |
|
|
24 |
Journal
of Legal, Ethical
and Regulatory Issues,
Vol. 22, Issue |
1 |
|
|
6, 2019 |
|
|
25 |
International Journal of
Innovation, Creativity and
Change |
1 |
|
|
Vol. 16,
Issue 1, 2022 |
|
|
26 |
MITRA:
Jurnal Pemberdayaan Masyarakat, Vol. 6. No.
2 |
1 |
|
|
(2022) |
|
|
27 |
Employee
Relations: The International Journal, 2022 |
1 |
|
28 |
Advances
in Industrial and
Labor Relations, Volume 25,
7-37, |
1 |
|
|
2020 |
|
|
29 |
Employee
Relations, Vol. 29 Iss 5
pp. 520-539 (2007) |
1 |
|
30 |
Employee
Relations: The International Journal Vol. 41,
No. 6, |
1 |
|
|
2019 |
|
|
31 |
Jurnal
Ekonomi dan Bisnis, Vol. 16
No.1 2021 |
1 |
|
32 |
Industrial Relations Journal 51:3,
242–260 (2020) |
1 |
|
33 |
Scientific Journal of Social Dynamics
e-ISSN: 2581-2424 Vol 3, No. |
1 |
|
|
1, February 2019 |
|
|
34 |
Journal of Law Science, 4(1), 77-86
(2019) |
1 |
|
35 |
Mendapo: Journal of Administrative Law,
1(3), 191-206 |
1 |
|
|
(2020) |
|
|
36 |
Journal of Juridical Insights, 1(1), 1-23
(2017) |
1 |
|
37 |
International Conference on Sustainable
Innovation Track |
1 |
|
|
Humanities Education and Social Science
(ICSIHESS 2021) |
|
|
|
(pp. 194-199). Atlantis Press (2021,
December) |
|
|
38 |
Pioneer Journal, 2(4) (2018) |
1 |
|
39 |
ADHAPER: Journal of Civil Procedure Law,
6(1), 87-108 (2020) |
1 |
|
Total |
40 |
|
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.
Table 2. Results of Quality Assessment
|
No |
Writer |
Title |
Year |
QA1 |
QA2 |
QA3 |
QA4 |
Results |
|
1 |
Susanto, E. A |
Labor
Rights Protection in Industrial Relations Issues |
2015 |
Q |
Q |
Q |
Y |
X |
|
2 |
Schmid, G |
Inclusive
Growth: The Case of Germany |
2018 |
Y |
Q |
Q |
Q |
X |
|
3 |
Estlund Cynthia |
A
Purposive Approach to Labor Law |
2018 |
Y |
Q |
Q |
Y |
X |
|
4 |
|
Employment
Standards in Facility Management Companies |
2022 |
Y |
Q |
Q |
Q |
X |
|
5 |
Pramono, A |
Settlement
of Industrial Relations Disputes and Termination of Work Relations According
to the Applicable legislation |
2020 |
Y |
Q |
Q |
Y |
X |
|
6 |
Hipel, KW, Fang, L., & Kilgour, DM |
The graph
model for conflict resolution: Reflections on three decades of development |
2020 |
Y |
Y |
Y |
Y |
ü |
|
7 |
Liu, HY |
The Role
of the State in influencing work conditions in China's internet industry:
Policy, evidence, and Implications for industrial
relations. |
2023 |
Y |
Q |
Q |
Q |
X |
|
8 |
Devinatz, VG |
US Labor
Institutionalism's Rise and Decline and the Death of US Industrial Relations. |
2022 |
Y |
Q |
Q |
Q |
X |
|
9 |
Maliuha, LJ, Zhuravel, VO, Shabanova, SO, Hnidenko, VI, & Pikul, VP |
Legal
Conflicts and Gaps in the Context of Labor Legislation of Ukraine. |
2023 |
Y |
Y |
Q |
Y |
ü |
|
10 |
Grant, B.C |
The Dual-Agency
Problem of Labor Union Pension Fund Shareholder Activism |
2021 |
Y |
Q |
Y |
Y |
ü |
|
11 |
Gaffar, S., Karsona, AM, Pujiwati, Y., & Perwira, I. |
The
concept of procedural Law regarding implementing collective agreements with
legal certainty in terminating employment in Indonesia. |
2021 |
Y |
Y |
Y |
Y |
ü |
|
12 |
Rolf, S., O'Reilly, J., & Meryon, M. |
Towards privatized social and employment protections
in the platform economy? evidence from the
UK courier sector. |
2022 |
Y |
Q |
Q |
Q |
X |
|
13 |
Normann, HE, & Tellmann, SM |
Trade
unions' interpretation of a just transition in a fossil fuel economy. |
2021 |
Y |
Q |
Y |
Y |
ü |
|
14 |
Feng, J., & Xie, P. |
Is
mediation the preferred procedure in labour dispute resolution systems?
Evidence from employer-employee-matched data in China |
2020 |
Y |
Y |
Q |
Y |
ü |
|
15 |
Misra, SS, & Ghosh, P. |
Managerial
competencies for trade union officials in India: The key to union
effectiveness. |
2022 |
Y |
Q |
Y |
Y |
ü |
|
16 |
Adiwidya YIM, Moh, F., Iwan, P., & Budi, S. |
Ratio
Legis of Setting Time Limits for Judges in Returning Disputes in Industrial Relations |
2004 |
Q |
Y |
Q |
Y |
ü |
|
17 |
Chin, T., & Liu, R.H |
Understanding
labour conflicts in Chinese Manufacturing: A Yin-Yang harmony perspective |
2015 |
Q |
Q |
Q |
Q |
X |
|
18 |
Ha, HY, Kim, JG, & Chung, Y. |
The
alternative explanation of relationship maintenance intention in mediation: A
comparison study of Korean and Indonesian
firms |
2017 |
Y |
Y |
Q |
Y |
ü |
|
19 |
Tarar, IA |
Settlement
of Industrial Disputes through Conciliation: a study of Current Practices in
Pakistan |
2017 |
Y |
Y |
Q |
Y |
ü |
|
20 |
Love, DPD, Salain, MSPD, Sudiarawan, KA, Dwijayanthi, PT, Sawitri, D. AD, & Primary, A. CP N |
Classification
of Industrial Relations Disputes Settlement in Indonesia: Is it Necessary? |
2022 |
Y |
Y |
Q |
Y |
ü |
|
21 |
Pradima, A |
Alternative
Settlement of Industrial Relations Disputes Outside the Court |
2013 |
Q |
Y |
Q |
Y |
X |
|
22 |
Maudina, F & Nurdin, M |
Implementation
of Law Number 2 of 2004 concerning Settlement of Industrial Relations
Disputes in the Matter of Settlement of the Fulfillment of the Rights of
Women Workers |
2023 |
Y |
Y |
Q |
Y |
ü |
|
23 |
Mantili, R |
The
Concept of Settlement of Industrial Relations Disputes between Labor Unions
and Companies through the Combined Process (Med- arbitration) |
2021 |
Y |
Y |
Q |
Y |
ü |
|
24 |
Amiq, B., & Albab, U |
Model of
Determinant Factors of Industrial Relations (Analytical Study of Indonesian
Laws on Trade Union) |
2019 |
Y |
Y |
Y |
Y |
ü |
|
25 |
Prayitno, S., Hasan, D., & Subarsyah, Q |
Industrial
Relations Dispute Settlement at the Industrial Relations Court (PHI) in
Indonesia and the Application of Procedural
Law |
2022 |
Y |
Y |
Q |
Y |
ü |
|
26 |
Prasetyo, A., & Sofyan, SB |
Workshop
on Leadership and Negotiation Techniques as an Effort to Improve the Human
Resources of PT Shimano Batam's Labor Union |
2022 |
Y |
Q |
Y |
Q |
X |
|
27 |
Jansson, J., & Uba, K |
Cycles of
labour protests: Public and private sector unions' contentious actions |
2022 |
Y |
Q |
Y |
Y |
ü |
|
28 |
Marzionna,P |
Complaining
to the ombudsman: alternative dispute resolution
in Brazilian |
2019 |
Y |
Y |
Q |
Y |
ü |
|
29 |
Shen, J. |
The labour
dispute arbitration system in China |
2017 |
Y |
Y |
Q |
Y |
ü |
|
30 |
Yan, D. |
Juridification
in Chinese Labor Law: A Cautionary Tale of Remuneration Disputes |
2019 |
Y |
Y |
Q |
Y |
ü |
|
31 |
Sunarto, S |
Causal
Factors and Means Conflict
Resolution Between Management and Unions |
2021 |
Y |
Q |
Q |
Q |
X |
|
32 |
Haipeter, T. |
Digitalisation,
unions and participation: the German case of
'industry 4.0.' |
2020 |
Y |
Q |
Q |
Q |
X |
|
33 |
Haes, PE, & Yunita, PI |
The
Contribution of Indonesian Trade Unions to Tourism Organizations in Badung
Regency in a Conflict Perspective |
2019 |
Y |
Y |
Q |
Y |
ü |
|
34 |
Riza, F., & Abduh, R. |
Alternative
Dispute Resolution by Arbitration through Utilization of Information
Technology |
2019 |
Y |
Y |
Q |
Y |
ü |
|
35 |
Handayani,P |
Weaknesses
of Mediation Rules in Dispute Resolution Industrial
relations |
2021 |
Y |
Y |
Q |
Y |
ü |
|
36 |
Charda, U |
The Model
for Settlement of Industrial Relations Disputes in Labor Law After the Birth
of Law Number 2 of 2004 |
2017 |
Y |
Y |
Q |
Y |
ü |
|
37 |
Permatasari,A., Iqbal, M., & Habibullah, A |
Industrialization
Relations Dispute Settlement Model in Indonesia |
2021 |
Y |
Y |
Q |
Y |
ü |
|
38 |
Manurung, M. |
Resolving
Industrial Relations Disputes Through Bipartite Negotiations |
2018 |
Y |
Y |
Q |
Y |
ü |
|
39 |
Ridwan, Muhammad & Nurhakim, LI |
Optimizing
Bipatrit Negotiations as a Master Mind Dispute Resolution of Termination of
Employment (PHK) as a result of Corona
Pandemic |
2020 |
Y |
Y |
Q |
Y |
ü |
|
40 |
Gaffar, S., Karsona, A.M, Pujiwati, Y.,
& Officer, I. |
The
concept of procedural Law regarding the implementation of collective
agreements with legal certainty in the termination of employment
in Indonesia |
2021 |
Y |
Y |
Q |
Y |
ü |
Source: Results of Data Processing
Information:
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 mediation-arbitration,
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 of 2009
concerning Judicial Power, namely Article 38 paragraphs (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) which
states that in Law no. 2 of 2004 concerning PPHI states that there are several
options or alternatives for industrial relations dispute resolution consisting
of: the ability to negotiate bipartite, tripartite, and through the Industrial
Relations Court (PHI). In its conclusion, several statutory provisions related
to employment were indicated, including Law No. 23 of 1948 concerning labour
inspection, Law No. 21 of 1945 concerning Labor Agreements, Law No. 22 of 1957
concerning the Settlement of Labor Disputes, Law No. 1 of 2004 concerning
Settlement of Industrial Relations Disputes, and Law no. 3 of 2003 concerning
employment.
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
Law No. 13 of 2003, Law No. 2 of 2004, Regulation of the Minister of Manpower
and Transmigration Number 17 of 2004, and PERMA Number 1 of 2016 which results
in the emergence of injustice for workers, especially for contract workers.
Although the existence of a mediation institution, which is one of the
alternative dispute resolution institutions, is expressly mentioned in Law No.
30 of 1999 concerning Arbitration and Alternative Dispute Resolution, the Law
does not provide a detailed explanation of the various alternative
institutions, as well as its regulation on Arbitration. Then, the weakness of
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.
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