Legal Results of Tripartite Mediation Termination of Employment Without Including Employment Service Provider Companies

Restu Edriyanda, Elwi Danil, Khairani Khairani

Abstract


Industrial Relations Mediation, hereinafter referred to as mediation, is the settlement of rights disputes, disputes of interest, disputes concerning termination of employment, and disputes between trade unions / labor unions in only one company through deliberations mediated by one or more neutral mediatorsThe issues discussed are (1) How is the implementation of Industrial Relations Dispute Settlement through tripartite mediation at the Padang City Manpower and Industry Office? (2) What is the legal consequence of tripartite mediation due to Termination of Employment without involving workers' service providers?This writing was made in the form of normative juridical writing, coupled with a sociological juridical approach as a support. In principle, the implementation of tripartite mediation in the Settlement of Industrial Relations Disputes by the Department of Labor and Industry of the City of Padang has supported its functions as mandated by the Law. According to Minister of Manpower and Transmigration Regulation No.19 of 2012 in a Work Agreement on the Provision of Workers' Services, three) legal subjects, namely employer companies, worker service providers and workers / laborers. Exclusion of workers service providers,


Keywords


Tripartite Mediation; Employment; Department of Labor and Industry

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References


Books

Frans Hendra Winata, Dispute Resolution Law, Sinar Grafika, Jakarta, 2012.

Ismail Nawawi, Industrial Conflict Management, Inpress, Surabaya, 2002.

Ismail Nawawi, Industrial Conflict Management, Inpress, Surabaya, 2002.

Big Indonesian Dictionary, 1990, Balai Pustaka, Jakarta.

Khairani, Introduction to Labor and Labor Law, Raja Grafindo Persada, Depok, 2018.

Koeshartono and Shellyana Junaedi, Industrial Relations: Study of Economic Concepts and Problems, Faculty of Economics, Atma Jaya University, Yogyakarta, 2009.

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Journals

Akbar Pradima, "Alternative Settlement of Industrial Relations Disputes Outside the Court",DIH, Journal of Legal Studies, February 2013, Vol. 9, No. 17

Erman Rajagukguk, "Legal Culture and Settlement of Civil Disputes Outside the Courts", Journal of Law Masters, PPs UII, Yogyakarya, Volume.2 No. 4, October 2000.

Interview

Interview with Berto Irvan, Mediator of the City of Manpower and Industry Office of the City of Padang.

Interview with Hera Azwar (State Civil Apparatus and Mediator at the Padang City Manpower and Industry Office)

The website

http://www.hukumtenagakerjan.com/ bipartite-negotiations / bipartite-negotiations between businessmen and workers /.




DOI: http://dx.doi.org/10.18415/ijmmu.v7i6.1779

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