Analisis Yuridis Terhadap Kedudukan Hukum Serikat Pekerja Untuk Beracara di Pengadilan Hubungan Industrial Medan Berdasarkan Undang-Undang Nomor 2 Tahun 2004

Abstract

The procedure in industrial relations court for labor union is really complex, although all administrative requirements have been complied with by the labor union, including the establishment document of labor union, number of registrations, delegation document, and membership card. Unfortunately, they are not automatically guarantee that they are recognized for procedure in industrial relations court. In same case, the labor union has complied with all administrative requirements, however the court stated that the labor union did not hold the legal standing for procedure in industrial relations court, thus the claim of litigant delegated to labor union was dissented. The problem of the research is to include the regulations of labor union in administrative law of Indonesia, the legal status of labor union in procedure of industrial relations court and the judgment of the judges of industrial relations court to interpret the legal status of labor union in setting the conflict of industrial relations court Medan. This was analytical descriptive research by using normative and juridical method or doctrinal research, is research analyzing the law as it written in the book, or law as it is decided by the judge through judicial process. This research used a method of case approach whose core assessment was the consideration of judge to arrive at a decision and law approach conducted by reviewing all laws ang regulation pertaining to the problem. The source of data in research was library research to collect the secondary data. The secondary data was gained through primary law materials including the law order contained in several law devices or statutes and the judgements of the judges; the secondary law materials included textbooks, finding of research, magazines, scientific journals ang the opinions of scholars; and also, tertiary law materials including law materials describing the instruction of significant explanation on both primary and secondary law materials. The conflict settlement in industrial relations based on the law No. 22/1957 used so far, has been felt to be no longer able of accommodating the resulting developments, because the decision could not produce the law certainty for workers and it took long time to settle a simple conflict, often it took many years. The process of conflict settlement in industrial relations through court institution based on the law No: 2/2004 regarding the industrial relations court, was to use the civil law textbook applicable in environment of general court except on something especially regulated in the law of PPHI, what to be applied was special regulation according to the law principle of "Lex specialist derogate lex generalist". This industrial relations court was an ad hoc court under environment of general court formulated on basis of the provisions of the law No. 4/2004 regarding the Authority of the judges. The law No. 2/2004 regarding PPHI has suggested the conflict settlement in advance through bipartite discussion between workers/labor union with entrepreneur without intervention of third party. In failure of this procedure to get the agreement, the conflict settlement could be delegated to mediation institution or conciliation. The Law No: 2/2004 regarding PPHI, also provided the labor union with legal standing to take the procedure in PPHI representing it is member.