Peran Negara Dalam Penyelesaian Perselisihan Hubungan Industrial

• Main Author: Lanny Ramli, -
• Format: Article PeerReviewed
• Language: English; English
• Published: FH UPH Tangerang 2012
• Subjects: K Law
• Online Access: https://repository.unair.ac.id/116176/2/14.%20art.pdf; https://repository.unair.ac.id/116176/5/15.%20P.pdf; https://repository.unair.ac.id/116176/
• Institution: Universitas Airlangga

This article explores the role and function of civil servants appointed as mediators in the settlement of industrial disputes as a form of state intervention. While previously under the exclusive domain of private law, government intervention in industrial relations through mediation is now deemed to be under sociale rechtsstaat. The necessity of intervention arises from the imbalanced positions and bargaining powers of workers and employers. Exercise of discretionary authority by mediators in labor affairs and dispute settlement is generally based on the principles of good governance, i.e., nondiscrimination, non-abuse of power, and proportionality and balance. While recommendations made by mediators are not administrative decisions because they are arrived at in the exercise of judicial functions, they nevertheless underpin the legal framework for state protection of labor. A finding of this article includes the abolition of the term of "mediator" in Law No. 2 of 2004 on the Settlement of Industrial Relations Disputes and return to the use of the term of "intermediary employees" in the Law of 1957.