INTRODUCTION
Industrial Relations (HI) in Indonesia aims to realize the ideals
of the proclamation of Independence in 1945 in national development, namely to
participate in realizing a just and prosperous society based on Pancasila and
the 1945 Constitution of the Unitary State of the Republic of Indonesia and
participate in carrying out world order based on independence, eternal peace
and social justice, these goals are achieved through the creation of peace of
mind, peace, order, enthusiasm for work, peace of mind, increasing productivity
and improving the welfare of workers and their degrees in accordance with human
dignity (Rianto, Etty, & Mifta, 2021). Moreover, work
schedule also influences employees' intentions to remain (HakemZadeh,
et al, 2021).
Employment policies that mention
fostering working relations from employers need to be continuously improved in
the creation of a harmonious and balanced cooperation that is imbued with
Pancasila and the 1945 Constitution of the Unitary State of the Republic of
Indonesia. Respectively (Suhandi, 2017). Furthermore,
corporate identity is a package of functional, economic, and psychological
benefits offered by employment and identified with the employing organization
in order to build a positive image of employers, recruit fresh talent, and
foster employee loyalty (Eriksson, et al,
2022).
In the perspective of labor law,
employment relations or so-called industrial relations require a communication
process of consultation and deliberation on matters related to various aspects
of the process of producing goods or services (Husni, 2012). Harmonious
industrial relations can be an important asset in free competition. Harmonious
industrial relations will be able to encourage transparency which can increase
mutual understanding between workers and companies. Harmonious industrial
relations will be able to detect and anticipate potential disputes in an
employment relationship.
Industrial relations disputes in the framework of labor law are
defined as differences of opinion that result in conflict between the
entrepreneur or a combination of employers and workers or a trade union/labor
union (SP/SB) due to disputes over rights, disputes over interests, disputes
over termination of employment, and disputes between unions. workers in one
company (Nomor, 2 C.E.).
Dissecting morein relation to the settlement of industrial relations disputes, in
fact the disputes in question can be suppressed or minimized by various media
options or industrial relations dispute settlement mechanisms. One of them is
the establishment of a membership forum consisting of representatives of
employers and workers/labourers.
This forum consisting of
representatives of employers and workers is then more commonly referred to as
the Bipartite Cooperation Institute (LKS
Bipartite). Bipartite LKS is an
initiative forum consisting of representatives of workers or workers'
organizations, jointly holding meetings to identify and resolve problems
related to common interests and needs.
There is a very urgent need to
improve the capacity of labor cooperation institutions and employers or
employers in carrying out their roles and responsibilities so that the
industrial relations system can function properly, especially at the bipartite
level at the work level (Nurmayetti, n.d.). The establishment of this Bipartite LKS broadly aims to create harmonious,
dynamic, fair and dignified industrial relations in the company in order to
lead to peace of mind for workers and business continuity for the company.
The achievement of the objective
of this Bipartite LKS is if this cooperative institution can carry out its
function as a forum for communication and consultation between workers and
employers in the context of developing industrial relations for the survival,
growth and development of companies for the welfare of workers.
The formation of Bipartite LKS, as regulated in Article 106
paragraph (1) of the Manpower Act, namely "Every company that employs more
than 50 workers/laborers or more is obliged to form Bipartite LKS" (Undang-Undang, 2003). ThingThis is supported by the provisions of Article 2 of the Regulation
of the Minister of Manpower and Transmigration of the Republic of Indonesia
Number. 32/MEN/XII/2008 concerning Procedures for Establishing and Membership
Structure of Bipartite Cooperation Institutions, states that the communication
platform that can be used between employers and workers is through the
Bipartite LKS (Ministerial Regulations, 2008).
Bipartite LKS is something that has not been fully utilized by both parties,
both the workers and employers. The presence of Bipartite LKS in the company should be able to modernize the responsive communication
model into a consultative communication model. However, in its application in
the field, there are still various inhibiting factors that must be immediately
resolved. Whereas in terms of effectiveness, if LKS can be implemented properly, synergy in the workplace can occur
and harmonization of industrial relations can be achieved. Bipartite LKS should
be used as a medium for both groups to produce effective communication that can
contribute to the sustainability of the company.
Ternate City is the largest city
and the gateway to North Maluku Province, which is considered to have bright
prospects for business development. The number of companies in Ternate City in
2021 based on Mandatory Reporting Employment data is 273 companies with a total
workforce of 5,717 people, consisting of 3,606 men and 2,088 women. Industrial relations disputes cannot be
resolved optimally or the bipartite level settlement is low, this can be seen
from the increase in labor cases delegated to the Ternate City Manpower Office
for the 2018-2021 period.
Referringon employment information from the Ternate City Manpower Office to
date, there is no company in the Ternate City area that has formed a Bipartite
Cooperation Institution (LKS) in the
company, this is the source of the problem of increasing industrial relations
disputes, which are handled by the Department of Manpower. Ternate City Work, p this of courseThis resulted in limited
service for complaints on industrial relations dispute cases at the Ternate
City Manpower Office, because there was only 1 (one) certified Mediator from
the Minister of Manpower of the Republic of Indonesia, with a focus on handling
the number of industrial relations dispute cases at the Ternate City Manpower
Office in 2015. 2021, as many as 25 complaints cases.
In terms of novelty, there are previous research written by (Marbun, Ginting, Tarigan,
& Agusmidah, 2017) discusses the role of Bipartite Cooperation
Institutions (LKS) in resolving
disputes in industrial relations which are different from the focus of this
research. Another study conducted by Dynna also
discussed the effectiveness of bipartite institutions in resolving industrial
relations disputes that occurred. The research conducted by Dynna
took a specific location, namely PT. New Kuta Golf
And Ocean View (Dynna, Budiartha &
Seputra, 2020).
This research differentiation from previous
research because it focuses more on the effectiveness of bipartite institutions
in preventing industrial disputes. This study has enough differences as a
novelty in research. Research that discusses the effectiveness of bipartite LKS in preventing industrial disputes
has never been discussed in this research.
Based on the description above,
the author focuses on conducting research in the form of a Thesis Proposal with
the title "Effectiveness of Bipartite Cooperation Institutions (LKS) in Efforts to Prevent Industrial
Relations Disputes in Companies in Ternate City"
Based on the things that have been
described in the background, some of the main problems in this research are as
follows:
1.
How is the Role
of the Bipartite Cooperation Institution (LKS)
in the Prevention of Industrial Relations Disputes in the Company.
2.
How Effective is
the Establishment of Bipartite Cooperation Institutions (LKS) in Companies in Ternate City.
METHOD
A. Research
sites
The research conducted
by the author takes place at a company located in the Ternate City area, namely
PT. Bintang Muara Kieraha,
whose address is at Jalan Juma
Puasa, Santiong Village,
Central Ternate District, PT. Sahid Bela Hotel which
is located at Jalan Raya Jati
Number 500 Jati Village, South Ternate District and
PT. Langgang Buana Perkasa
which is located at Jalan Sultan Babullah
Ternate Airport. As for the reasons for choosing the two companies as research
locations, it is intended that the authors get more accurate and accountable
data, and based on complaint data at the Ternate City Manpower Office for 2020-2021,
it shows that the three companies experienced an increase in industrial
relations disputes and does not yet have a Bipartite Cooperation Institution (LKS).
B. Types
of research
This research is a
descriptive research with a qualitative approach. Qualitative descriptive
method is a research method based on the philosophy of postpositivism
used to examine the condition of natural objects (as opposed to experiments),
where the author is the key instrument of data collection techniques carried
out by trigulation (combined), data analysis is
inductive/qualitative, and qualitative research results emphasize meaning
rather than generalization (Sugiyono, 2013). Qualitative
descriptive research aims to describe, describe, explain, explain and answer in
more detail the problems to be studied by studying as much as possible an
individual, a group or an event.
In qualitative
research, humans are research instruments and the results are written in the
form of words or statements that are in accordance with the actual situation. This
research is a type of empirical legal research, another term for sociological
legal research, and can also be called field research (Dillah, 2015). This empirical
legal research aims to find legal and factual events (facta
finding), also continues with formulating problems (problem finding), then
leads to problem identification (problem identification), and ultimately leads
to problem solving (problem solving).
As an empirical legal research, this research has
the following benefits:
1. Provide input and a comprehensive picture to
industrial relations actors, namely entrepreneurs, a combination of
entrepreneurs, workers/labor and SP/SB as well as the community regardingeffectiveness of the mediator in the settlement of industrial relations
disputes.
2.
Knowing and
providing information to workers/laborers and employers as well as the
community, aboutthe role of the Bipartite Cooperation Institution (LKS) in the settlement of industrial relations disputes in
the Company, as well as the establishment of the Bipartite Cooperation Institution
(LKS) in the City of Ternate.
C.
Data Types and Sources
1.
Primary datais data
obtained directly from the first source, by conducting field research from
respondents and informants.
2.
Secondary data is data that is relevant to
support primary data and is sourced from library research. The secondary data
in this study are in the form of legal source materials, as follows:
a.
Primary legal materials, namely legal
materials consisting of statutory regulations such as: the 1945 Constitution of
the Republic of Indonesia, the Civil Code, Laws, Government Regulations,
Ministerial Regulations and Decrees, and other materials.
b.
Secondary legal materials are legal materials
consisting of books, legal journals, expert opinions, research reports, in the
form of legal dictionaries, language dictionaries, encyclopedias and the
internet as well as other materials related to research variables.
D. Population and Sample
Population is a
complete set of units or individuals whose characteristics we want to know, the
number of individuals or elements that are members of the population is called
population size. Meanwhile, the sample is part of the population that provides
information or data needed in a study, in other words the sample is a subset of
the population (Toha, 2010).
In this study the sampling technique used is non-probability
sampling with purposive sampling technique. Purposive sampling is a technique
of sampling data sources with certain considerations (Sugiyono, 2013).
The reason for using the purposive sampling technique is because
not all samples have criteria that match the phenomenon under study. The
samples in this study are the parties or people who are directly related and
have the authority and who are involved in the settlement of industrial
relations disputes through the Bipartite Cooperation Institution (LKS) in companies in the City of
Ternate.
The population in this study are workers at
3 (three) companies that have a workforce of more than 50 people, and
experienced an increase in complaints of industrial relations disputes during
2020-2021, with a total workforce of 468 people, consisting of 323 Male and 145
Female.
And to determine the sample which is the number of respondents
filling out the questionnaire in the analysis of the role of Bipartite LKS and the Effectiveness of Mediators
in the formation of Bipartite LKS, it
is stated that if the population is less than 100 then it is taken as a whole
as a sample, but if the population is more than 100 then a sample of 50%, 25%
is taken. , 15%, 10% or taken as needed. And because the population in this
study was more than 100, the authors took samples using a random system or
random sampling, namely taking 15% of the total population as samples, then the
number of samples was (15/100 x 468 = 0.15 x 468 = 70.2, then rounded up to 71
people).
E.
Data
collection technique
The technique used in obtaining accurate
data in this study the authors use data collection techniques as follows:
1.
Interviews and direct observations of a number of respondents and
informants who were later determined as sources in obtaining primary data,
including workers/laborers, entrepreneurs, legal advisors, the Tripartite
Cooperation Institute (LKS) Team for
the City of Ternate, Head of Industrial Relations and Social Security, Head of
Department Ternate City Manpower, as well as competent parties in Industrial
Relations issues.
2.
Questionnaire, which is a set of questions
compiled by the author to be filled out by respondents, in the form of written
questions to ask for information, answers and information needed. This
questionnaire was addressed to workers and management at companies in Ternate
City.
3.
Literature Study, namely studying various secondary data sources
regarding library materials in the form of legal books that are related to the
object of research, statutory regulations, results of previous research,
opinions of legal experts, and other legal materials whose material quality can
used as a source of author analysis.
4.
Documentary studies, namely studying various secondary data sources
related to certain legal documents, including data on working conditions,
minutes of bipartite negotiations and minutes of agreements/collective
agreements with companies as well as reports on the results of previous
research, and other data on companies.
F.
Data
analysis technique
The data analysis technique is a
description of the methods of analysis, namely by collecting data and then
editing it first, then it is used as material for qualitative analysis. The
data analysis technique used is descriptive analysis, which is operationalized
by means of field data obtained by interviewing, questionnaire results and
direct observation, then compiled and categorized according to patterns and
themes, then interpreted and analyzed. Description analysis focuses on current
problems that are actual, then the existing data is collected, compiled, explained
and analyzed (Husein, 2010).
Furthermore, the data analysis process
begins by examining all available data from various sources, after being read,
studied, studied, then the next step is to reduce the data by making
abstractions. Then the data analysis is linked to the theoretical framework
used, by linking the theoretical framework to the problem under study through a
sharp and in-depth analysis.
Then the analyzed data is expressed
inductively, which is data analysis with the process from facts to theory. The
purpose of using this inductive analysis is to avoid manipulation of research
data, so that it begins with new data adapted to theory (Rohmadi, Muhammad, & Yakub, 2015).
RESULTS
AND DISCUSSION
A. The Role of Bipartite
Cooperation Institutions (LKS) in
Efforts to Prevent Industrial Relations Disputes in Companies
The process of
industrialization is increasingly widespread in developing countries such as Indonesiabring consequences on the interest of employers to
use a flexible work system wherever possible to support and maximize
operational activities company. Within the framework of industrial relations
between workers and companies (entrepreneurs)however harmonious, labor
disputes are not easy to avoid. Therefore, a set of laws governing the
mechanism for resolving labor disputes will always occupy a strategic position
in the labor system of a country. In addition, for
the efficiency of the company's implementation, it is necessary to have legal
regulations thatprioritizing the prevention of
industrial relations disputes in the form of a special and strategic
institution by involving both employers and workers.
From the perspective of labor
law, industrial relations requires a process communication,
consultation and deliberation on matters relating to variousaspects
in the process of producing goods or services. Industrial relations cover
various matters relating to human interaction in the workplace, such as the occurrence of disputes and normative demands made by workers, all of which are related
to successor failure to manage industrial relations
in the workplace (Zamhari,
2020).
Industrial relationsharmony can be an important capital in free
competition. Industrial relations harmony will be
able to encourage transparency which can increase mutual understandingbetween
workers and companies. Harmonious industrial relations will be able to detect
and anticipate potential disputes in an employment relationship. Disputes are
very vulnerable to occur in the relationship between workers and employers
because the main focus of the working relationship that the company builds is a
work relationship that is target and profit oriented so that it has
implications for high work pressure experienced by the company.
labor side.
Labor relations conflicts
will bring great pressure to both
companies and workers. How to build a good working relationshipharmony and a good way of dealing with
conflicts of interest appropriately between employers and workers are real
questions that cannot be avoided.
The occurrence of the labor
movement has a common goal, namely social justice, justiceeconomics,
and fairness of care in the workplace. The occurrence of disputes between
companies and workers often occurs because there are differences in perception
between the two parties, so that before the problem begins to spread,
communication at the internal level is needed to negotiate problems involving
both parties, in the world of work this negotiation term is referred to as
bipartite (Utomo & Lubis, 2020). In other words, as an effort to create peace at work and
the implementation of early detectionon potential
disputes that occur in the employment relationship between workers and
employers. The Manpower Law recognizes the term bipartite as an institution and
bipartite as a system. Bipartite as an institution is an institution whose
membership consists of workers' elements or
SP/SB and entrepreneurs, while bipartite as a system is a mechanismmeeting
or bringing together workers or SP/SB on the one hand and employers on the
other in a negotiation as an effort to reach an agreement (ILO, 2003).
Law
No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes also
prioritizes bipartite settlements based on deliberation and consensus between workers/laborers
with entrepreneurs as referred to in Article 3 as follows:
1.
Industrial relations disputes must be resolved
first through bipartite negotiations by deliberation to reach consensus.
2.
Settlement of disputes through bipartite means
as referred to in paragraph (1) must be completed no later than 30 (thirty)
working days from the date of commencement of negotiations.
3.
If within the period of 30 (thirty) days as
referred to in paragraph (2) one of the parties refuses to negotiate or
negotiations have been carried out but do not reach an agreement, then the
bipartite negotiations are deemed to have failed.
Based
on the description of the provisions above, it can be concluded that the
settlement of industrial relations disputes adheres to settlements outside the
court and through the courts. This arrangement is intended to prevent the
transfer of disputes to the court. Settlement of industrial relations disputes
prioritizes win-win solutions, namely through deliberation to reach consensus. With the hope that industrial relations disputes
will not interfere with the production process of goods and services in the
company (Mubarok, 2016). Settlement of industrial
relations disputes out of court is carried out through the following
institutions or mechanisms:
1)
Bipartite;
2)
Mediation;
3)
Conciliation;
4)
Arbitration.
(a)
Settlement through bipartite negotiations is
negotiations between workers/ laborers or trade unions/ labor unions and
employers to settle industrial relations disputes. Settlement through bipartite
is mandatory, therefore if one party or both parties register their dispute
with the agency responsible for manpower affairs, without attaching evidence
that efforts to resolve through bipartite negotiations have been carried out,
the agency responsible for manpower affairs will return the file to be
completed. .
(b)
Settlement Through Mediation Mediation is the settlement of disputes over termination of
employment, and disputes between trade unions/labor unions in only one company
through deliberation mediated by one or more neutral mediators.
(c)
Settlement Through Conciliation
Conciliation is a dispute of interest, a dispute over termination of
employment, and a dispute between trade unions/labor unions in only one company
through deliberation mediated by one or more neutral conciliators.
(d) Settlement
Through Arbitration Arbitration is the settlement of
a dispute of interest and a dispute between trade unions/labor unions in only
one company, outside the Industrial Relations Court through a written agreement
from the disputing parties to submit dispute resolution to arbitration whose
decision is binding on the parties and is final.
Based
on the reasons above, in the author's opinion, the existence of Bipartite LKS
in the company between workers and company management is a the key to harmonious, dynamic, and just industrial
relations. There was a dispute industrial
relations in companies can affect performance and productivity company. In the context of preventing disputes that occur,
this is where the role of LKS Bipartite, namely as a means to realize
the goal of fostering industrial relations, namely creating business
tranquility and peace of mind at work. With peace effort
for employers and peace of mind for workers, the performance and company productivity can be increased. That is, when there
is a dispute in an industrial relationship between workers and the company,
early detection of the potential dispute then becomes a very important thingIt is very important to respond through special steps
by the company. This is important considering efforts to create peace of mind
in an industrial relationship that plays a vital role in the development and
progress of the company (Santoso,
2019).
Peace of mind is
one of the important factors to achieve high productivityand
the achievement of
targets set by the company. The role to create peace of mind is actually not
only the responsibility of the government but also the role of the government companies and workers (Marbun, Ginting, Tarigan, & Agusmidah, 2017). In an effort to create peace at work and the
implementation of early detectionfor potential
disputes that occur in the employment relationship between workers and
employers.
The Manpower Law recognizes
the term bipartite as an institution and bipartite as a system. Bipartite as
an institution is an institution whose membership consists of workers' elementsor SP/SB and employers, while bipartite as a system
is a mechanism for meeting or bringing together workers or SP/SB on the one
hand and employers in other areas other
parties in a negotiation in an effort to reach an agreement.
The most essential foundation
in this Bipartite LKS is
communication and participation,
workers and employers can raise problems or problems
together and bothparties can provide each other with
information related to the problems being faced and exchange ideas on a regular
basis which can result in mutual understanding, consensus and problem solving
for the common good.
B.
EffectivenessEstablishment of Bipartite Cooperation Institutions (LKS) for Companies in Ternate City.
Employment law is one of the laws that apply in Indonesia which
regulates industrial relations issues. In Article 102 of Law no.13 of
2003 concerning Manpower, it is stated that:
1.
In
carrying out industrial relations, the government has the following functions:establish policies, provide services, carry out
supervision, and take action against violations of labor laws and regulations.
2. In carrying out industrial relations, workers/labor and
unions
workers/labor unions have the function of carrying
out work in accordance withobligations, maintain
order for the sake of production continuity, channel aspirations
democratically, develop skills and expertise as well as participate in
advancing the company and fighting for the welfare of members and their
families.
3.
In
carrying out industrial relations, entrepreneurs have the following functions:create partnerships, develop businesses, expand
employment opportunities, and provide welfare for workers/ laborers in an open,
democratic and just manner.
Industrial
relations (industrial relations) in Indonesia is a formed
between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/labor and
the government, which is based on values
of Pancasila and the 1945 Constitution. In the production process
in the company the parties the parties
directly involved are workers/laborers and entrepreneurs, while government is included as a party to industrial relations
because interested in the realization of a
harmonious working relationship as a conditionsuccess
of a business, so that productivity can increase which in turn will eventually be able to drive economic growth and increasewelfare of all levels of society (Zulkarnain
and Utami, 2016).
The government's role in
industrial relations is realized by
issuing various policies, laws and regulations that
must be obeyed by the parties, as well as supervising or enforcing these
regulations so that they canrunning effectively, as
well as assisting in the settlement of industrial relations disputes. Thus, the
government's interest in industrial relations is to ensure the sustainability
of the production process more broadly.
Ternate City is the largest city and the gateway to North Maluku
Province, which is considered to have bright prospects for business
development. The number of companies in Ternate City in 2021 based on Mandatory
Reporting Employment data is 273 companies with a total workforce of 5,717 people,
consisting of 3,606 men and 2,088 women.
Industrial relations disputes cannot be resolved optimally or the
bipartite level settlement is low, this can be seen from the increase in labor
cases delegated to the Ternate City Manpower Office for the 2018-2021 period.
Referringon employment information from the Ternate City Manpower Office to
date, there is no company in the Ternate City area that has formed a Bipartite
Cooperation Institution (LKS) in the
company, this is the source of the problem of increasing industrial relations
disputes, which are handled by the Department of Manpower. Ternate City Work, p this of courseThis resulted in limited service
for complaints on industrial relations dispute cases at the Ternate City
Manpower Office, because there was only 1 (one) certified Mediator from the
Minister of Manpower of the Republic of Indonesia, with a focus on handling the
number of industrial relations dispute cases at the Ternate City Manpower
Office in 2015. 2021, as many as 25 complaints cases.
CONCLUSION
In the provisions of labor
legislation, a bipartite work forum will refer to a communication and
consultation forum to make careful considerations on matters relating to
industrial relations in a company, where the members consist of employers/entrepreneurs
and workers/laborers. or representatives of Workers/Labourers' organizations.
One of the objectives of the
Bipartite cooperation forum is regarding the importance of increasing social
dialogue which is designed to include the entire agenda of activities, whether
concerning the types of negotiations or the brief exchange of information
between employers, representatives of workers/laborers and the government
regarding issues related to: issues of common interest relating to economic and
social policies.
Dialogue is the main factor in
achieving social harmony and as a vehicle for dealing with various problems and
resolving disputes/ conflicts. Therefore, Bipartite LKS has become one of the operational tools in social dialogue that
can be used in work practices, especially at the company level.
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COOPERATION INSTITUTIONS (LKS)
BIPARTITE EFFECTIVENESS IN EFFORTS TO PREVENT INDUSTRIAL RELATIONSHIP DISPUTES
OF COMPANIES IN TERNATE