Implementation of Industrial Relations Dispute Settlement Between Workers and Employers Through Mediation at the Gresik Regency

Abstract

Industrial relations mediation, as regulated in Article 1 paragraph (11) of Law Number 2 of 2004, serves as an alternative dispute resolution mechanism between workers and employers, facilitated by neutral mediators. In Gresik Regency, this process is carried out by six mediators at the local Labor Office. This research aims to analyze: (1) the implementation of industrial relations dispute resolution through mediation at the Gresik Regency Labor Office during 2021–2023, and (2) the obstacles faced by mediators in the process. Employing empirical legal research with a socio-legal approach, the study uses interviews, observations, and documentation for data collection. The findings show that mediation at the Labor Office of Gresik Regency has generally been effective, with a success rate exceeding 50%, achieved through both collective agreements and recommendations. However, several obstacles hinder the process: (1) employers often fail to attend or delay mediation sessions; (2) workers frequently lack sufficient evidence and understanding of relevant legal provisions; and (3) mediators face limitations in number and inadequate supporting facilities. The study recommends increasing the number of certified mediators, improving facilities at the mediation venue, and enhancing legal literacy among both workers and employers to strengthen the effectiveness of mediation as a dispute resolution mechanism in industrial relations.