Government Neutrality as Mediator of Industrial Relations Dispute Settlement in State-Owned Enterprises of Indonesia

Abstract

The Act number 2 of 2004 on Industrial Relations Dispute Settlement was established as a legal means for resolving the increasing and complex industrial relations dispute. It is hoped that the issuance of the Industrial Relations Dispute Settlement law will be able to realize a fast, fair and inexpensive institution and mechanism of dispute settlement of industrial relations. However, due to the consideration and objective of protecting labor rights, research has been conducted on the law through multiple approaches, namely legislation approach, concept approach and case approach. The results showed that in the The Act number 2 of 2004 on Industrial Relations Dispute Settlement there found legal inconsistency concerning industrial relations mediation, in the case of confusion between mediation and conciliation, the single authority of mediator conducted by employees of the Office of Manpower of Government as a representation of government, mediation is no longer as an alternative media, mediators exceed the standard portion, the inadequacy of the requirements to mediate, the conflict of norms to excessive government intervention and contrary to  the nature of mediation of industrial relations itself.

Keywords: Mediator, conflict of norm, single authority, intervention