Rekonstruksi Hukum Tripartit dalam Menciptakan Hubungan Industrial yang Harmonis di Indonesia

Abstract

In Indonesia, tripartism, both as a system and an institution, is part of an industrial relations system grounded in the values of Pancasila and the 1945 Constitution of the Republic of Indonesia, established in the objectives of labor law and implemented in industrial relations. Harmonious industrial relations mean peace of mind for workers and business sustainability for employers. The research questions are: 1) How are the tripartite legal frameworks and their implementation structured in Indonesia's industrial relations currently? 2) Why have tripartite institutions been unable to establish harmonious industrial relations in the era of globalization and digitalization?3) What is the ideal concept of tripartite legal reconstruction to realize harmonious, fair, and sustainable industrial relations in Indonesia? The research was conducted using a normative legal approach and supplemented with empirical data in the form of interviews with informants through a review of legislation, concepts, and cases. It was found that the legal basis for tripartite relations has existed since Law No. 22 of 1957 concerning the Settlement of Labor Disputes, Law No. 13 of 2003 concerning Manpower and up to Law No. 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into Law today. However, its implementation still encounters a lack of norms, ambiguous norms, and a lack of institutional coordination, and social dialogue culture. The reconstruction of tripartite law requires a focus on establishing norms, reforming existing norm, strengthening institutions, and fostering a participatory legal culture. The reformulation of labor law must be grounded in the values of Pancasila and ILO social dialogue in enabling the tripartite system to function as an instrument of legal development that guarantees a balance between economic interests and social justice.