PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI TRIPARTIT TERHADAP PHK SEPIHAK DI DINAS KETENAGAKERJAAN BALI

Abstrak

The research aims to analyze the tripartite negotiation mechanism in evaluating industrial partnerships related to unilateral termination of employment (PHK) by PT HM Sampoerna Denpasar. Through observation, research, and document analysis at Bali Provincial Manpower Office and Buleleng Regency Manpower Office, this study employs a kualitatif empirical legal methodology. Findings from the research reveal that the resolution process for the unilateral termination conflict begins with bipartite negotiations between the worker and the company. When the bipartite process yields no result, the resolution proceeds to a tripartite mediation stage, involving the presence of a mediator from the manpower institution. However, several obstacles to its implementation have been identified, including a lack of certified mediators at the district level, the absence of one of the parties in the mediation process, and a lack of evidence related to alleged violations by the company. In the case of PT HM Sampoerna, the mediation process resulted in a recommendation to reinstate dismissed employees to their former positions. This study highlights the need to improve the skills and number of mediators at the district level, strengthen the dissemination of labor regulations to all parties involved, and strengthen the post-mediation monitoring system to ensure the recommendations are properly implemented. Overall, the findings of this study make an important contribution to understanding dispute resolution processes through tripartite mechanisms, particularly in the context of power imbalances between workers and employers in cases of unilateral termination.