Gaffar Salahuddin, Karsona Agus Mulya, Pujiwati Yani, Perwira Indra
Faculty of Law, Universitas Padjadjaran, Bandung, West Java, Indonesia.
Heliyon. 2021 Apr 5;7(4):e06690. doi: 10.1016/j.heliyon.2021.e06690. eCollection 2021 Apr.
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.
双边谈判是解决争议的一种努力，各方必须提前进行，这是2004年第2号法律第3条所规定的。假设双边谈判达成了协议。在这种情况下，这些协议会被写入集体合同，然后在劳资关系法院进行登记以获得登记证书。然而，已经达成协议并登记且具有执行力法律效力的集体协议仍被一方当事人起诉至法院。本研究的目的是全面了解并分析印度尼西亚在终止雇佣关系时，关于具有法律确定性的集体协议实施的程序法概念。本研究是一项法律研究，采用了成文法方法、概念法方法和案例法方法——通过文献研究法收集材料，包括主要和次要法律材料。此外，通过本研究中使用的方法对传统结构进行研究和分析，以回答本研究中的法律问题。在本文中，作者提出了2个（两个）关于集体协议实施的程序法概念。第一，如果争议已通过合作协议解决，法院可能不会受理相关诉讼，法官也无需进一步处理该案件，只需进行档案研究程序以探究各方的主要问题即可。如果问题涉及一方违背承诺，可参考同一法院出具的记录证据，法官小组只需进行审议，仅由一名法官确定案件已解决并选择执行命令。第二个概念是，诉讼仍在进行，但如果在初步审查阶段就已知争议已通过集体协议解决，那么诉讼仅持续到中间裁决阶段。这更加有效、高效且公平，并为各方提供了法律确定性。
