The Government as the Intermediate in the Settlement of Labor Disputes in Indonesia

Abstract

Purpose: Therefore, it is essential to know the impact of peace settlement efforts which must be carried out outside the court as a formal condition for filing a lawsuit to the Industrial Relations Court.   Theoretical framework: When there is a dispute between workers and employers, government intervention and authority is needed. So that at this stage, labour law is related to public law, both in the aspects of state administrative law, state administrative law and criminal law. Ass a third part, the government helps resolve labour disputes through bipartite, mediation, conciliation and arbitration. These pre-litigation steps are considered to slow down the settlement process in employment.   Method/design/approach: The method used in this research is normative legal research or also known as doctrinal legal research, and the statutory and comparative approaches.   Results and conclusion: The results of this study explain that written recommendations and minutes of mediation made by government officials in the field of employment, namely mediators, must be owned by workers/labourers who wish to file a lawsuit with the industrial relations court because the Constitutional Court stated that the minutes of mediation are formal requirements that the plaintiff must fulfil.   Research implications: The mediation required by Law 2/2004 slows down workers from filing a lawsuit at the Industrial Relations Court (PHI) because the mediation minutes only contain matters of a purely administrative nature; even without the mediation minutes, the PHI judges are still digging into the issues and evidence. Evidence that will be used as a judge's consideration in deciding. So that the mediation minutes are not included as evidence in employment cases.   Originality/value: The study in this research is fascinating because it will explain how the government should mediate employment cases.