INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Vol. 2 No. 2 (2021): April 2021

JURIDICAL ANALYSIS ON BIPARTITE NEGOTIATION IN THE EMPLOYEE TERMINATION PROCESS AT PT. J RESOURCES BOLAANG MONGONDOW, INDONESIA

Theresa B. Tulende (Universitas Pelita Harapan)
Hosiana D. A. Gultom (Universitas Pelita Harapan)
Agus Budianto (Universitas Pelita Harapan)



Article Info

Publish Date
26 Mar 2021

Abstract

The disputes over termination of employment are common in the industrial relations. Many industrial relations actors settle disputes by filing lawsuits to the Industrial Relation Court. They assume that bipartite negotiation is ineffective in settling disputes of termination of employment in particular. In contrary, a company In Indonesia, named PT. J Resources Bolaang Mongondow, experiences it differently where the bipartite negotiation is well-emphasized in settling disputes of termination of employment. This is also supported by various strategies implemented inside the company to prevent any disputes, particularly the termination of employment that leads to the Industrial Relation Court. This paper uses descriptive analysis as well as normative-empirical legal as the research method. The data was collected through literature review, research papers, essays, national journal, interview, website as well as legal studies. The termination of employment is regulated under Law No. 13 of 2003 concerning Manpower, while the Law No. 2 of 2004 regulates the Industrial Relations Dispute Settlement. Likewise, the Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia No. PER.31/MEN/XII/2008 concerning the Guideline for Settlement of Industrial Relations Dispute through Bipartite Negotiations. The disputes of termination in industrial relations emerge due to the violation of company regulation in the employment contract done by the employee. Nonetheless, PT. J Resources Bolaang Mongondow has been successfully implementing the bipartite negotiations to settle disputes. Law No. 2 of 2004 concerning the Industrial Relations Disputes Settlement requires that it has to be resolved first through bipartite bargaining in deliberation to reach consensus. Strategy determines the effectiveness of bipartite negotiations in a company.

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Journal Info

Abbrev

ijospl

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

Description

he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social ...