Heliyon (Apr 2021)
The concept of procedural law regarding the implementation of collective agreements with legal certainty in termination of employment in Indonesia
Abstract
Bipartite negotiations are an effort to resolve disputes that the parties must take in advance, as mandated in Article 3 of Law Number 2 of 2004. Suppose there is an agreement in bipartite negotiations. In that case, these agreements are written into a collective contract that is then registered with an industrial relations court to obtain a registration certificate. However, collective agreements that have been agreed upon and registered and have executorial legal force are still being sued by one of the court parties. The purpose of this study is to obtain an overview and analyze the concept of procedural law regarding the implementation of collective agreements with legal certainty in terminating employment in Indonesia. This research is legal research using a statutory approach, a conceptual approach, and a case approach—the collection of material through the literature study method, with primary and secondary legal materials. Furthermore, the traditional fabric is studied and analyzed by the approaches used in this study to answer legal issues in this study. In this article, the author offers 2 (two) procedural law concepts regarding the implementation of collective agreements. First, a lawsuit for disputes that have been resolved through a cooperative agreement may not be accepted by the court, and the judge does not need to process the case further. Still, a file research process is sufficient to explore the main problem of the parties, if the problem is related to one of the parties breaking the promise by referring to the recorded evidence issued by the same court, the Panel of Judges is sufficient to hold a deliberation and only determine with a single judge that the case has been resolved and choose the order for execution. The second concept is that the lawsuit is still being processed. Still, it is only continued until the interim decision stage if, at the initial examination stage, it is known that the dispute has been resolved through a collective agreement. This is far more effective, efficient and fair, and provides legal certainty for the parties.
