Industrial Relations Dispute Resolution Reform in Court: A Review of Structural and Substantial Weaknesses in Law Number 2 of 2004


  • Eigen Justisi Universitas Brawijaya, Indonesia
  • Rachmad Safa’at Universitas Brawijaya, Indonesia
  • Imam Koeswahyono Universitas Brawijaya, Indonesia
  • Prija Djatmika Universitas Brawijaya, Indonesia



legal certainty;, dispute;, Industrial Relations Justice


Conflict resolution in the context of industrial relations within the framework of labor law after the enactment of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has been known through two mechanisms, namely voluntary settlement through bipartite mechanisms, conciliation, mediation, and arbitration, as well as compulsory settlement mechanisms through the Industrial Relations Court. However, the existence of the Industrial Relations Court poses several challenges, including workers' low understanding of the formal and material aspects of labor law, protracted processes, and substantial deficiencies in applicable law. Issues that arise around the resolution of industrial relations disputes include various factors, ranging from disputes regarding rights, interests, termination of employment, to disputes between unions in a company. In addition, the limited competence of the Industrial Relations Court also hinders effective resolution of labor disputes. This research adopts a normative juridical approach, which relies on positive legal analysis, especially Law Number 2 of 2004, as well as a review of judicial principles. The research findings identified a number of weaknesses, both in terms of structure and legal substance, that require updates in Industrial Relations Dispute Resolution in the Industrial Relations Court. One of the efforts to overcome these challenges is through reforms in the settlement process at the Industrial Relations Court, including the establishment of Industrial Relations Courts in each administrative region. However, Law Number 2 of 2004 is still considered unable to accommodate judicial principles


Agusmidah. (2007). Legal Politics in Labor Law Based on Labor Laws and Regulations. Dissertation to obtain a doctoral degree in Law at USU Graduate School, Medan.

Bronstein, A. (2009). International and comparative labour law: current challenges. Palgrave Macmillan, Genewa.

Hartono, S. (2006). Legal Research in Indonesia at the End of the 20th Century. PT Alumni, Bandung.

Husni, L. (2005). Settlement of Industrial Relations Disputes Through the Court and Outside the Court. Raja Grafindo Persada, Jakarta.

Hutchinson, T. (2002). Researching and Writing in Law. Lawbook Co, Queensland University.

Marbun, R. J. (2024). Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court. International Journal of Society and Law, 2(1), 42-48.

MD, M. M. (2006). Building Legal Politics Upholding the Constitution. LP3ES Library Indonesia, Jakarta.

Napdapdap, G. (2024, March 23). Disband the Industrial Relations Court. Retrieved from

Omara, H. (2012). Integration of Mediation in the Justice System: A Comparative Study of Indonesian and Japanese Court Mediation. Pulpit of Law, Vol. 24, No. 1, February.

Praja, J. S. (2011). Legal Theory and Its Applications. CV. Pustaka Setia, Bandung.

Putri, S. A., Fakhriah, E. L., & Karson, A. M. (2019). Employment Dispute Resolution in Industrial Relations Justice Based on Simple, Fast and Light Costs. International Journal of Innovation, Creativity and Change, 10(4), 11-26.

Prasetyo, T., & Barkatullah, A. H. (2014). Philosophy, Theory and Legal Science, Thought Towards a Just and Dignified Society. PT. RajaGrafindo Persada, Jakarta.

Rahardjo, S. (2008). Dissecting Progressive Law. Kompas Book Publisher, Jakarta.

Saleh, M. & Mulyadi, L. (2012). Seraut Face of the Indonesian Industrial Relations Court (Theoretical Perspectives, Practices and Problems). Citra Aditya Bakti, Bandung.

Setiawan, W. (2007). Indonesian Labour Court. Laras, Sidoarjo.

Simangunsong, B., Sihombing, D., Fauzan., Janter., Jilun., Pangaribuan, & Tjandra, S. (2009). Ad hoc Judge Sues (Critical Note of the Industrial Relations Court). Editor Surya Tjandra, TURC, Jakarta.

Sugeno, K. (2015). The Significance of Labour Relations Commissions in Japan’s Labor Dispute Resolution System. Japan Labor Review, 12(4).

Tjandra, S. (2007). Compilation of Selected Industrial Relations Court Decisions 2006-2007. TURC, Jakarta.

Tobing, C. N. (2018). Initiating the Industrial Relations Court within the framework of ius constituendum as an effort to realize legal certainty and justice. Journal of Law and Justice, 7(2), 297-326.

Wijayanta, T. (2007). Implementation of Article 302 verse (3) of the RI Act No. 37 of 2004 relating to the appointment of an ad hoc judge in a matter of conviction. Legality, Vol. 15 No. 1, March - August.

Wijayanta, T. (2008). Settlement of Bankruptcy Cases in the Indonesian Business Court and the High Court of Malaysia: A Comparative Study. Doctor of Philosophy Thesis of Universiti Kebangsaan Malaysia, Bangi (unpublished).




How to Cite

Justisi, E., Safa’at , R. ., Koeswahyono , I. ., & Djatmika , P. . (2024). Industrial Relations Dispute Resolution Reform in Court: A Review of Structural and Substantial Weaknesses in Law Number 2 of 2004. International Journal Of Humanities Education and Social Sciences, 3(6).



Social Science