Studi Komparasi Penyelesaian Perselisihan Hubungan Industrial Melalui Pengadilan Hubungan Industrial dan Dewan Perwakilan Serikat Pekerja

Abstract

Industrial disputes are an inherent phenomenon in the dynamics of employment relations between employers and workers, thus necessitating a dispute resolution mechanism that ensures the preservation of harmonious labor relations and legal certainty. This study presents a comparative analysis of two dispute resolution models: the Industrial Relations Court (IRC) as a formal litigation channel, and the Workers’ Union Representative Council (WURC) as an internal, consensus-based, non-litigation forum. Using a normative juridical approach, this research examines the applicable legal provisions, particularly Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes and Law Number 13 of 2003 concerning Manpower, to assess the strengths and weaknesses of each mechanism in terms of substantive justice, access to justice, and procedural appropriateness. The findings indicate that the IRC holds strong juridical legitimacy through its final and binding decisions; however, it faces challenges related to procedural complexity, high litigation costs, and delays that often exceed the statutory time limit. Conversely, dispute resolution through the WURC demonstrates higher adaptability and inclusivity, grounded in deliberative values aligned with Indonesian socio-cultural norms, though it lacks sufficient regulatory support and formal executorial authority. Accordingly, this study recommends regulatory reforms to strengthen the non-litigation mechanisms particularly by introducing enforceable sanctions for non-compliance with procedural obligations and to improve the litigation system within the IRC to better accommodate the protection of workers’ rights. The synergy of these improvements is expected to enhance the overall effectiveness of industrial dispute resolution in a manner that upholds substantive justice, improves accessibility, and guarantees legal certainty for all parties involved.