INDEPENDENCY AND IMPARTIALITY OF AD HOC JUDGE INDUSTRIAL RELATIONS COURT (PHI) IN RESOLVING DISPUTES

Resy Desifa Nasution

Abstract


This study aims to analyze and to discover how the principle of Independence and Impartiality of Ad Hoc Judges of Industrial Relations Court (PHI) in resolving disputes. The researchmethodused empiricaljuridicalresearchmethodwithconstructivismparadigm. Primary data were primary legal materials which consisted of legislation. This research used secondary law materials, namely court decision and tertiary law materials. The data were analyzed by using analytical descriptive analysis. The study found: (1) Differences between career judges and Judge of Hoc Law of the Republic of Indonesia Number 2 Year 2004 on Industrial Relations Dispute Settlement (PPHI Law) which is not followed by strict provisions on the obligation to maintain independence and impartiality that are significant to the principle independence or freedom. Judicial Power to the Ad-Hoc judges to the IRC (Industrial Relations Court) and the Ad-Hoc Judge of the IRC to the Supreme Court which appoints him on the proposal of two elements: trade unions and employers' organizations. Article 67 Paragraph (1) Sub-Paragraph f of the PPHI Law that "Ad-Hoc IRC judges and Ad- HocPHI Judges to the Supreme Court are dismissed with respect from their positions because at the request of employers 'or workers' organizations proposing" one of the factors that may affect the independence and impartiality of the Judge in its performance as a disputant dispute in theIRC.The fact that the Ad Hoc Judgeswere appointed after being nominatedand representing the trade unions and employers' organizations in the proceedings shall not reduce theindependenceoftheAdHocJudgesoftheIRCandaswellastheirimpartiality in deciding industrial relations disputes. They canresolve disputes fairly, benefit, and make decisions that have the legal force and justice. The decision results can be executed, useful for justice seekers.

 

Keywords: Ad Hoc Judge, Industrial Relations Court (PHI), Independence, Impartiality.



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