The Role of Arbitration in Resolving Industrial Relations Disputes in Indonesia: A Case Study of Employment

Authors

  • Manswab Mahsen Abdulrahman University in Uganda
  • Nikmah Dalimunthe State Islamic University of North Sumatra
  • Aryanti Khairunnisa Br Tarigan State Islamic University of North Sumatra
  • Ridho Rama Ardana Sinaga State Islamic University of North Sumatra

DOI:

https://doi.org/10.70826/jsisnu.v1i3.504

Keywords:

Arbitration Institution, Industrial Relations Disputes, Alternative Dispute Resolution, Employment Law, Industrial Relations

Abstract

In employment relationships, industrial relations conflicts are common and require efficient, fair, and effective resolution mechanisms. This study examines how arbitration institutions function in resolving industrial relations disputes and evaluates their advantages, disadvantages, and shortcomings within the Indonesian legal system. This study examines arbitration as an alternative dispute resolution method outside the Industrial Relations Court using a normative juridical approach based on laws, legal literature, and scientific studies. The results indicate that arbitration plays a significant role in encouraging conflict resolution through deliberation and agreement between disputing parties. Arbitration offers several advantages compared to litigation, such as faster dispute resolution, lower costs, confidentiality, procedural flexibility, and greater legal certainty through final and binding decisions. By encouraging agreed solutions, arbitration can also help maintain healthy relationships between employers and employees. However, the mechanism has disadvantages. These include limited opportunities for appeal, the possibility of arbitrator bias, ambiguity, and dependence on the arbitrator's ability and honesty. Despite these shortcomings, arbitration remains a useful means of resolving industrial relations conflicts when conducted with professionalism, impartiality, and good faith from all parties involved. Therefore, arbitration helps build a fair, stable, and productive industrial relations system.

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References

Adi, MK (2002). Alternative Resolution of Employment Disputes Through Arbitration Mechanisms in Indonesia, 20 (9). 81-86.

Charda, U. Model for Settling Industrial Relations Disputes Outside the Court Through Labor Arbitration. 447-450.

Gultom, et. al., (2023). The Role of Arbitration in Resolving Industrial Relations Disputes: Implications, Advantages, and Disadvantages, 9 (25). 894-902.

Kusuma, B. A & Suprapto, H. The Role of Arbitration Institutions in Resolving Industrial Relations Disputes. Pp. 144–156.

Paparang, MM (2015). Settlement of Industrial Relations Disputes Through Arbitration According to Law No. 02 of 2004, 3 (8). 148-157.

Published

2024-05-30

How to Cite

Manswab Mahsen Abdulrahman, Nikmah Dalimunthe, Aryanti Khairunnisa Br Tarigan, & Ridho Rama Ardana Sinaga. (2024). The Role of Arbitration in Resolving Industrial Relations Disputes in Indonesia: A Case Study of Employment. Jurnal Sahabat ISNU SU , 1(1), 12–19. https://doi.org/10.70826/jsisnu.v1i3.504

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