10 research outputs found
Pembuatan Busana Avantgarde Dengan Hiasan Motif Pa'tedong Dan Circle Tail
No full textABSTRAK Putri, Winni Ade. 2016. Pembuatan Busana Avantgarde Dengan Hiasan Motif Pa’tedong Dan Circle Tail, Tugas Akhir, Teknologi Industri, Program Studi Diploma III Tata Busana, Fakultas Teknik, Universitas Negeri Malang. Pembimbing (I) Dra. Sri Eko Puji Rahayu, M.Si, (II) Dra. Endang Prahastuti,M.Pd. Kata Kunci : Busana Avantgarde, Hiasan Motif Pa’tedong,Circle Tail. Busana avantgarde merupakan karya yang bersifat kreatif, unik, eksperimental atau inovatif dalam desain serta teknik pengerjaannya terutama dalam bentuk penghormatan terhadap kultur dan kebudayaannya masing-masing. Busana avantgarde dengan motif Pa’tedong dan circle tail ini terinspirasi dari bentuk tanduk kerbau yang di padu padankan dengan motif “Pa’tedong”, Pa’ tedong berasal dari kata Tedong yang dalam bahasa Toraja berarti kerbau. Ukiran ini menyerupai bagian muka seekor kerbau. Di Toraja, kerbau adalah binatang peliharaan yang utama dan sangat disayangi. Bagi masyarakat Toraja, kerbau punya fungsi ganda yaitu sebagai emas kawin, sebagai hewan pengolah sawah, alat transaksi dalam jual beli masyarakat Toraja, sebagai korban persembahan kepada dewa atau leluhur dan lain-lain. Pembuatan busana avantgarde ini penulis mengombinasikan berbagai macam bahan tekstil yaitu shantung dan katun goni sebagai bahan utama dikarenakan kain katun goni memiliki tekstur kilau dan kuat tetapi dapat menyerap keringat sehingga jika dipadukan dengan shantung yang memiliki tekstur halus, lembut dan dingin maka busana ini akan terlihat kokoh dan glamour, dacron sebagai bahan pengisi hiasan, dan kain dormail sebagai furing busana. Penulis juga menggunakan perpaduan unsur gradarsi pada circle ekor pada gaun dan warna gold pada busana atas dengan leher depan membulat dan backless pada bagian punggung agar terlihat kesan feminin dengan siluet yang ramping. Sedangkan, detail hiasan perisai dada dan headband yang berbentuk tanduk kerbau menggunakan motif pa’tedong yang dibordir full. Hiasan bordir dilengkapi dengan taburan permata yang berkilau sehingga hiasan terlihat glamour. Simpulan dan saran yang diperoleh dari pembuatan busana ini adalah Teknik menjahit tiap bagian circle pada dasaran circle yang telah diberi tanda jelujur dengan cara menjahit dari atas ke bawah ternyata menyulitkan seharusnya teknik menjahit dari bagian bawah terlebih dahulu dan diteruskan sampai circle bagian atas agar lebih mudah, Hasil jadi pada hiasan kepala kurang rapi karena jika dipakai masih mudah berubah bentuk seharusnya diberikan penegak dan penguat yang diselipkan pada bagian dalam hiasan agar pada saat dipakai tidak sakit dan tidak mudah jatuh, Penyelesaian untuk menyambung antara furing bagian atas dengan furing bagian bawah jika dijahit akan menyulitkan dan hasil jahitan tidak rapi maka sebaiknya penyelesaian furing dilakukan dengan teknik som dalam
Improving the work position of worker based on manual material handling in rice mill industry
No full textRancang Bangun Aplikasi E-Commerce Berbasis Android Pada Toko Suryamart Menggunakan Framework Flutter
Full text linkSuryamart is one of the business entities of the Directorate of Business Development and Investment (DPBI) UMSIDA engaged in retail. Although Suryamart is an internal business entity, it not only serves the needs of its internal buyers - employees and lecturers, but also the needs of the general public. In carrying out its business, the author found that many general people still feel unfamiliar with Suryamart stores. In contrast, in-house shoppers are too busy to come to the store to shop in person, so they are less interested in shopping. Therefore, this research was conducted with the aim of helping internal shoppers shop effectively and efficiently, as well as improving interaction with the wider general public in the future. The author uses the waterfall software development model to minimize errors and speed up the development process because it follows a sequential development process. The result of this study is an e-commerce system consisting of applications for users and admins. This application will simplify the process of ordering buyers and management by admins.Suryamart is one of the business entities of the Directorate of Business Development and Investment (DPBI) UMSIDA engaged in retail. Suryamart not only serves the needs of its internal buyers - employees and lecturers, but also the needs of the general public. In carrying out its business, the author found that many general people still feel unfamiliar with Suryamart stores. On the other hand, it was found that there were problems related to the obstruction of the ordering process because internal shoppers were too busy to come to the store to shop in person, so they were less interested in shopping. This research was conducted with the aim to help admins manage online orders, make it easier for shoppers to shop, and increase Suryamart's interaction with the wider general public. The author uses waterfall software development method to minimize errors and speed up the development process because it follows a sequential process starting from analysis, design, implementation, testing, and maintenance. The result of this study is an e-commerce system consisting of applications for users and admins. Based on the results of black box testing, it can be concluded that the functional features of the application can run well
الواقعية المفرطة في القصة القصيرة "شجرة الحياة" لكامل الكيلاني بمنظور جان بودرلارد
Full text linkمستخلص البحث
الواقعية المفرطة والمحاكة يمكن العثور في العمل الأدبي. يعرض العمل الأدبي حقيقة ملفقة في يد المؤلف. تحتوي رواية "شجرة الحياة" لكامل كيلاني على قصة خيالية صنعت كما لو كانت حقيقية، سواء في شكل أحداث أو شخصيات مستخدمة. يمكن القول أن الخيال هو شكل من أشكال ما بعد الحداثة بسبب المحاكاة و الواقعية المفرطة. يناقش هذا البحث ويكشف عن وصف الخيال. الغرض من هذا البحث هي معرفة شكل المحاكاة والواقعية المفرطة ونمط مجتمع ما بعد الحداثة في القصة القصيرة "شجرة الحياة" لكامل كيلاني بناءً على منظور جان بودريلارد. مصادر البيانات الأولية مأخوذة من قصة قصيرة لكامل كيلاني "شجرة الحياة" الصادرة عام 2012. ومصادر البيانات الثانوية مأخوذة من الكتب والمجلات والعديد من الدراسات المتعلقة بالأساس الرئيسي لهذا البحث إما فيما يتعلق بنظرية ما بعد الحداثة لجان بودريارد أو بقصة قصيرة "شجرة الحياة". استخدم الباحثون طريقة القراءة والتسجيل في جمع البيانات. وفي تحليل البيانات أيضًا، يستخدم الباحثون تقنيات تقليل البيانات وعرض البيانات ورسم الاستنتاجات. وجدت نتائج هذه الدراسة ستة أشكال من المحاكاة و الواقعية المفرطة، أولاً: عاش يوسف وأمه في الجبال العالية، ثانيًا: جنية وداد، ثالثًا: شجرة الحياة، رابعًا: حيوانات سحرية، خامسًا: زهرة الشوك، سادسًا: عصا سحرية. علاوة على ذلك، تم العثور على ثلاثة أشكال من مجتمع ما بعد الحداثة، أولاً: قصة "شجرة الحياة" كنمط من الواقعية المفرطة في مجتمع ما بعد الحداثة، ثانيًا: تصوير الواقعية المفرطة لمجتمع ما بعد الحداثة في القصة القصيرة "شجرة الحياة" باعتبارها معاملة جيدة، ثالثًا: أساطير الحيوانات السحرية والجنيات كمقاربة لمجتمع ما بعد الحداثة.
ABSTRACT
Hyperreality and simulation can be found in a literary work. A literary work displays a fabricated reality that is in the hands of the author. The short story "Syajarah Al-Hayah" by Kamil Kailani contains a fantasy story that is made as if it were real, both in the form of events and characters used. Fantasy can be said to be a form of Postmodernism because of simulation and hyperreality. The purpose of this research is to find out the form of simulation, hyperreality and the pattern of Postmodern society in the short story "Syajarah Al-Hayah" by Kamil Kailani based on Jean Baudrillard's perspective. This type of research uses descriptive qualitative research. Primary data sources are taken from Kamil Kailani's short story "Syajarah Al-Hayah" published in 2012. and secondary data sources are taken from books, journals and several studies related to the main basis of this research either related to Jean Baudrillard's Postmodernism theory or to the short story "Syajarah al-Hayah". Researchers used the method of reading and recording in data collection. And also in data analysis, researchers use data reduction techniques, data presentation, and conclusion drawing. The results of this study found six forms of simulation and hyperreality, first: Yusuf and his mother lived in the high mountains, second: fairy Widad, third: tree of life, fourth: magical animal, fifth: thorn flower, sixth: magic wand. Furthermore, three forms of Postmodernism society were found, first: the story "Syajaroh Al-Hayah" as a pattern of hyperreality of Postmodern society, second: the description of the hyperreality of Postmodern society in the story "Syajarah Al-Hayah" as a reciprocity of good, third: fables of magical animals and fairy as a approach to Postmodern society
ABSTRAK
Hiperrealitas dan simulasi dapat kita temukan dalam sebuah karya sastra. Sebuah karya sastra menampilkan realitas rekaan yang berada ditangan pengarang. Cerita pendek “Syajarah Al-Hayah” karya Kamil Kailani mengandung cerita fantasi yang dibuat seakan-akan nyata, baik berupa kejadian dan tokoh yang di gunakan. Fantasi dapat dikatakan sebagai bentuk Postmodernisme karena adanya sebuah simulasi dan hyperrealitas. Tujuan dari penelitian ini adalah untuk mengetahui bentuk simulasi, hiperrealitas dan pola masyarakat Postmodern dalam cerita pendek “Syajarah Al-Hayah” karya Kamil Kailani berdasarkan perspektif Jean Baudrillard. Jenis penelitian ini menggunakan penelitian deskriptif kualitatif. Sumber data primer diambil dari cerita pendek Syajarah Al-Hayah karya Kamil Kailani yang diterbitkan pada tahun 2012. dan sumber data sekunder diambil dari buku-buku, jurnal dan beberapa kajian yang berhubungan dengan dasar pokok penelitian ini baik berhubungan dengan teori Postmodernisme Jean Baudrillard ataupun dengan cerita pendek “Syajarah al-Hayah”. Peneliti menggunakan metode membaca dan mencatat dalam pengumpulan data. Dan juga dalam analisis data, peneliti menggunakan teknik reduksi data, penyajian data, dan penarikan kesimpulan. Hasil dari penelitian ini ditemukan enam bentuk simulasi dan hiperrealitas, pertama: Yusuf dan ibunya tinggal di pegunungan tinggi, kedua: Peri Widad, ketiga: pohon kehidupan, keempat: hewan ajaib, kelima: bunga duri, keenam: tongkat ajaib. Selanjutnya ditemukan tiga bentuk masyarakat Postmodernisme, pertama: cerita “Syajaroh Al-Hayah” sebagai pola hyperrealitas masyarakat Postmodern, kedua:gambaran hyperrealitas masyarakat Postmodern dalam cerita “Syajarah Al-Hayah” sebagai timbal balik kebaikan, ketiga: fabel hewan ajaib dan peri sebagai pendekatan masyarakat Postmodern
Konsep Giri dan Gimu yang Tercermin dalam Drama Freeter, Ie Wo Kau Karya Sutradara Kono Keita dan Joho Hidenori
Full text linkSociety is a group of people who created a culture. In a culture there is reciprocity norm that someone should help those who have helped him. In Japan, it's called giri and gimu. Giri and gimu many contained in the literature. In this anlysis, the aouthor use a television drama because drama has a different form from novels or short stories. Drama that used is a family drama titled Freeter, Ie Wo Kau. This drama tells the story of a freeter that trying hard to restore his mother's smile who was ill. To find giri and gimu in Freeter, Ie Wo Kau drama, the author uses the theory of antropological literature by examining the interaction based on figures in the form of images and conversations, as well as using the theory of mise en scene as the supporting theory. The purpose of this study was to describe the giri and gimu concept that reflected in the drama Freeter, Ie Wo Kau. Result of this study indicate that this drama have giri to the world, giri to the name, gimu nnmu and gimu koo. Giri to the world contained in the Seiichi for Noriko and Seiji for Ooetsu. Giri to the name contained in the name of Ayako, Seiji and Chiba. Gimu koo contained in Seiji and Sumiko for his family. Gimu ninmu contained in Chiba and workers. For subsequent studies suggester to extend the analysis with a different approach and issues. Hopefully, this research can help learners and enthusiasts of Japanese culture to understand Japanese culture, particularly the concept of reciprocation
Penyelesaian Kredit Bermasalah Pada Perjanjian Kredit Perbankan karena Force Majeure di Masa Pandemi Covid-19 dalam Perspektif Peraturan Otoritas Jasa Keuangan Nomor 48/POJK.03/2020
Full text linkA bank credit agreement is a standard agreement whose contents are determined unilaterally by the bank, with the aim of efficiency. Micro, small, and medium enterprises have an important role in economic development and growth. Small and medium enterprises often enter into banking credit agreements for business development. Due to the COVID-19 pandemic, the Indonesian government issued Presidential Decree No. 12 of 2020 stipulating the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. COVID-19 has had an impact on aspects of people’s lives. One of them has an impact on the decline in the economic capacity of the community which in turn can result in the debtor not fulfilling the achievements in the banking credit agreement. This study uses a normative juridical research method. The data collection method that the author uses is a literature study/documentation, namely data collection in a literature/document study is an activity of tracing, checking, and reviewing secondary data. The results of the research on the implementation of banking credit agreements are the fulfillment of the contents of the agreement in the form of implementation and obligations that have been agreed upon in the banking credit agreement. The COVID-19 pandemic has affected the implementation of banking credit agreements. The COVID-19 pandemic affects the ability of debtors to carry out their achievements. The government through the OJK issued POJK Number 48/POJK.03/2020, which is a regulation to provide restructuring to debtors. The COVID-19 pandemic can also be used as an excuse for debtors to experience force majeure. However, not all debtors are categorized as experiencing force majeure
Analisis Pemenuhan Unsur Kesengajaan (Opzet) dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor 1/Pid.Sus-Anak/2020/PN KPN)
Full text linkA criminal act is something committed by an individual who deliberately violates the provisions of the Criminal Code Book II Chapter XIX (Articles 338 to Article 350) due to the loss of someone\u27s life. One example of this case is the murder incident in Decision Number 1/Pid.Sus-Anak/2020/PN KPN. In this case, there was a child who murdered the victim with the motive of self-defense, because the victim asked for the perpetrator\u27s belongings and had sex with the witness. The perpetrator was subject to a sentence based on Article 351 paragraph (3) of the Criminal Code regarding abuse resulting in death by the Panel of Judges. However, this caused a polemic because the perpetrator committed the murder by stabbing a knife into the victim\u27s vital organs in the chest. The author uses a normative juridical approach to examine the judge\u27s views regarding the fulfillment of the element of intent (opzet) in the crime of murder using secondary data obtained through literature study. Based on the research results, the judge\u27s consideration of the use of Article 351 paragraph (3) of the Criminal Code in this decision was considered inappropriate because the judge simply did not review the jurisprudence, the opzet element in this incident, and only relied on the Criminal Code and subjective reasoning. In criminal law, it is important to consider the element of intent or opzet, even though the consequences are the same, namely the loss of the victim\u27s life, the element of intent in each article is different. Article 338 of the Criminal Code requires the victim to lose their life, while Article 351 paragraph (3) of the Criminal Code only wants the victim to feel pain without wanting the victim to die
The role of guidance and counseling service in helping students with academic stress
Full text linkThis paper aims to urge the role of guidance and counseling services in helping students with academic stress in Indonesia. This article is a literature review, so the type of data used by the author in this article is data obtained from a literature study by looking for theoretical references that are relevant to the issues. There are 21 studies that have discussed that academic stress can be minimized with the help of counseling services. Several literature have shown that five out of nine guidance and counseling services have been shown to contribute positively to academic stress, such as: 1) information services using stress management techniques; 2) group guidance services using mind mapping techniques, problem solving methods, rational emotive behavior therapy approaches; discussion techniques; self-instruction techniques; 3) individual counseling services; 4) group counseling services; 5) orientation service. The findings provide an empirical foundation regarding the importance of evidence-based practices on guidance and counseling services in reducing students' academic stress symptoms both physically and psychologically. Moreover, students can achieve psychological well-being
Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector
Full text linkThe relationship between employers and workers in the context of industrial relations in Indonesia’s tourism sector is often vulnerable to disputes. This sector, as one of the pillars of the national economy, faces complex interests between workers who seek to protect their rights and employers who focus on maximizing profits. With the increasing development of the tourism sector post-pandemic, issues such as layoffs and dissatisfaction with working conditions are becoming more prominent. These disputes have become urgent issues, especially considering the tourism sector’s characteristics that are susceptible to economic fluctuations. The dispute resolution process through bipartite negotiations, as regulated in Law Number 2 of 2004, often encounters deadlocks, necessitating the need for tripartite mechanisms such as mediation as a non-litigation dispute resolution option. The characteristics of industrial relations mediation, although designed to seek solutions impartially, face various obstacles in their implementation, including a lack of skilled human resources and financial support. Through an in-depth study of the applicable regulations, existing mediation practices, and the challenges faced, this research proposes concrete steps to improve the effectiveness of mediation in resolving industrial relations disputes in the tourism sector. The results of this study are expected to contribute to the creation of a harmonious and sustainable industrial climate in Indonesia’s tourism sector.
Keywords: Mediation equity model, dispute resolution, workers, employers, tourism sector.
Introduction
The relationship between employers and workers within the framework of industrial relations is one of the relationships prone to disputes.[1] The tourism sector in Indonesia, as one of the economic pillars, is an economic sector with characteristics that make it susceptible to industrial relations disputes between workers and employers. This is due to the complexity of the relationship, which involves differing interests between the two parties. Workers often seek protection of their rights, while employers strive to maximize profits in a competitive and dynamic business context. With the increasing demand for tourism post-pandemic, these disputes are becoming more apparent, especially concerning issues such as termination of employment (TOE) and dissatisfaction with working conditions.[2]
Industrial relations disputes in the tourism sector are becoming an increasingly pressing issue to address, given the sector’s vulnerability to economic fluctuations and job uncertainty. The tourism sector, which encompasses various industries such as hotels, restaurants, and transportation, often faces challenges in maintaining harmonious relations between workers and employers. Worker dissatisfaction with working conditions, wages, and minimal legal protection can trigger disputes that potentially disrupt company operations and harm all parties involved. Along with the development of the business world closely linked to the tourism sector, it is crucial to have an effective and efficient dispute resolution mechanism. With a good dispute resolution mechanism in place, industry players can focus more on improving the quality of their services.[3]
In the context of industrial relations dispute resolution, in every industrial relations dispute, the prevailing laws and regulations mandate that the worker/laborer or the labor union/worker union and the employer must first attempt to resolve the issue through bipartite negotiation, as stipulated in Articles 6 and 7 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes (UU PPHI)[4]. This process aims to reach a mutually beneficial agreement, where both parties can convey their interests and expectations before moving to the next stages of dispute resolution. However, resolving industrial relations disputes through this bipartite mechanism often reaches a deadlock, where both parties fail to achieve the desired agreement. When bipartite negotiations between the worker and the employer do not reach an agreement, proven by a final report stating that the bipartite negotiation has failed, the parties can then resolve their dispute through tripartite mechanisms such as mediation, conciliation, or arbitration, as regulated in Articles 8 to 54 of the UU PPHI, which can be an option in dispute resolution aimed at providing a fair solution for all parties involved.[5]
Mediation, as one of the dispute resolution methods, is a negotiation that has a unique characteristic because it involves a neutral mediator from a government agency.[6] The resolution of disputes through mediation is carried out by a mediator located in every office of the agency responsible for manpower affairs at the Regency/City level. This mediation process is designed to broker the conflict and seek a joint solution without siding with either party. Although mediation is expected to reduce tension, there are still weaknesses in the institutional arrangement and the implementation of mediation itself. Many obstacles arise in the implementation of mediation, including a lack of skilled human resources and adequate financial support to optimally run the process. Previous research by the author titled “Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector”, which took the tourism area of Mandalika, West Nusa Tenggara as its research location, showed that various weaknesses and constraints still exist in the implementation of Industrial Relations Mediation as a choice for resolving disputes between workers and employers in the tourism sector.
There is similar previous research that has been conducted on the topic of industrial relations mediation, which includes: “Paradigmatic Problems of Industrial Relation Dispute Settlement on the Perspective of Pancasila Industrial Relations”, by Aries Harianto[7] - Journal of Law and Legal Reform, Year 2024; “Konsep Penyelesaian Perselisihan Hubungan Industrial Antara Serikat Pekerja Dengan Perusahaan Melalui Combined Process (Med-Arbitrase)” (The Concept of Industrial Relations Dispute Settlement Between Labor Unions and Companies Through a Combined Process (Med-Arbitration), by Rai Mantili - Jurnal Bina Mulia Hukum, Year 2021;[8] “Peran Dinas Tenaga Kerja dalam Proes Mediasi Penyelesaian Permasalahan Hubungan Industrial” (The Role of the Manpower Office in the Mediation Process for Resolving Industrial Relations Issues), by FA Dermawan, B Sarnawa - Media of Law and Sharia, Year 2021[9]; “Reformasi Hukum Dan Hak Asasi Manusia Dalam Penyelesaian Perselisihan Hubungan Industrial” (Legal and Human Rights Reform in the Settlement of Industrial Relations Disputes), by H Arsalan, DS Putri - Jurnal HAM, Year 2020;[10]
The above-mentioned studies generally aim to dissect the resolution of industrial relations disputes, mediation specifically, and the development of mediation as a mechanism for resolving industrial relations disputes. This research offers novelty compared to previous studies because it focuses on the tourism sector, adapting to the dominant characteristics of disputes that occur in this sector. Furthermore, this study also attempts to map the normative weaknesses of mediation regulation, referring to the existing Industrial Relations Dispute Settlement Law (UU PPHI) and related regulations, as well as mapping the empirical constraints of mediation implementation, by conducting field research in Indonesia’s tourism hubs, based on the existing conditions on the ground. This subsequently serves as the basis for formulating a strengthened mediation as an effective and efficient non-litigation option for resolving disputes in the tourism sector in the future.
Although industrial relations mediation in Indonesia has been widely discussed academically, existing studies have mostly focused on the manufacturing, plantation, or general labor sectors. This study specifically examines the effectiveness and institutional challenges of mediation in the tourism industry. This sector is characterized by seasonal workers, informal work arrangements, and vulnerability to economic shocks, which still have limitations. In addition, empirical studies that integrate the normative framework of the Industrial Relations Dispute Resolution Law with the reality on the ground in tourism centers such as Bali, Mandalika, and Lombok are still rare. This indicates a significant research gap, a need to understand the extent to which the current mediation framework functions in resolving disputes in the tourism sector, and to identify the legal and institutional reforms needed to improve its effectiveness.
Therefore, given the lack of effectiveness in the implementation of a norm concerning the effectiveness of industrial relations dispute settlement in the tourism sector, it is necessary to formulate an institutional strengthening of mediation to enhance the effectiveness of industrial relations dispute settlement in the tourism sector. This research includes 3 problem formulations, which are:
What are the characteristics of the Industrial Relations Disputes currently occurring in the Tourism Sector?
Is the current Institutional Arrangement for Industrial Relations Mediation, which refers to the Industrial Relations Dispute Settlement Law (UU PPHI), representative enough to be used as an option for resolving industrial relations disputes in the Tourism Sector?
What is the formulation for Institutional Strengthening of Mediation as an effective Non-Litigation Option for Resolving Industrial Relations Disputes in the Tourism Sector?
Methodology
This research adopts a normative legal study approach, supplemented by field research (empirical) to produce a comprehensive analysis. The normative design focuses on literature review, utilizing the conceptual approach and the statutory approach to identify the normative weaknesses of industrial relations mediation regulations, particularly in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes (UU PPHI) and related implementing regulations. The primary data for this section consists of statutory regulations, supported by secondary data such as legal literature, journals, and court decisions. Meanwhile, the empirical design uses a factual approach through field research aimed at mapping the obstacles and implementation practices of mediation on the ground. Primary empirical data is collected through in-depth interviews.
The location for the field research is focused on Indonesia’s tourism hubs, taking case studies in the Manpower and Transmigration Office of West Nusa Tenggara Province and the Manpower Office of Bali Province, chosen due to the high volume of industrial relations dispute cases in the tourism sector. Primary data collection is conducted through structured interviews with a total of 6 (six) respondents divided into three categories: 2 Industrial Relations Mediators (1 from each Office), 2 Representatives of Trade/Labor Unions (actively handling Termination of Employment and Rights Disputes in the hotel/tourism sector), and 2 Representatives of Employers (HRD/Legal) from tourism companies (5-star hotels) that have undergone the mediation process. This data collection is scheduled to be phased between June and September 2024. The collected data from both approaches will then be analyzed qualitatively, presented in a descriptive-analytical form, with the final goal of formulating a Mediation Institution Reinforcement Model (Mediation Equity Model) as an effective and efficient non-litigation dispute resolution option in the tourism sector.
1.Characteristics of Industrial Relations Disputes in the Tourism Sector
Initially, the relationship between employees and employers was purely civil in nature. However, due to the existence of a superior-subordinate relationship or a power dynamic, it became highly vulnerable to exploitation, regardless of its form. Given this condition, the state needs to be present in resolving the disputes that occur in the employment relationship through the dispute resolution mechanism regulated in the Industrial Relations Dispute Settlement Law (UU PPHI).
The relationship between employees and employers is a power relationship because there is one who holds power (the employer) and one who is subjected to it (the employee). The disparity in industrial society resulting from the unequal relationship between the bourgeoisie and the proletariat leads to industrial conflict. Furthermore, industrial relations are closely tied to the interests of both employees and employers, which consequently creates the potential for disagreements and even disputes between the two parties.[11]
In an industrial relations dispute, there are three main parties involved in the scope of resolution: the employees (labor union), the employer, and the government. Industrial relations disputes can manifest in various forms, which are then categorized into several classifications of disputes within the Industrial Relations Dispute Settlement Law (UU PPHI).
In general, the provision of Article 1 point 1 of the Industrial Relations Dispute Settlement Law (UU PPHI) defines an industrial relations dispute as: Differences of opinion resulting in conflict between the employer or association of employers and the employee/worker or labor union/trade union due to a dispute of rights, dispute of interest, dispute over termination of employment, and a dispute between labor unions/trade unions within the same company.
The types of disputes referred to are regulated in Article 2 of the Industrial Relations Dispute Settlement Law (UU PPHI), which includes, but is not limited to:
Dispute of Rights (Perselisihan Hak): “A dispute arising from the non-fulfillment of rights, resulting from differences in the implementation or interpretation of the provisions of laws and regulations, employment agreements (work contracts), company regulations, or collective labor agreements” (Article 1, point 2).
Dispute of Interest (Perselisihan Kepentingan): “A dispute arising in the employment relationship due to a lack of consensus regarding the creation, and/or amendment of working conditions stipulated in the employment agreement, company regulations, or collective labor agreement” (Article 1, point 3).
Dispute over Termination of Employment (Perselisihan Pemutusan Hubungan Kerja - PHK): “A dispute arising from a lack of consensus regarding the termination of the employment relationship by one of the parties” (Article 1, point 4).
Dispute Between Labor Unions/Trade Unions Within One Company (Perselisihan antar serikat pekerja/serikat buruh dalam satu perusahaan): “A dispute between a labor union/trade union and another labor union/trade union within only one company, due to a lack of consensus concerning membership, the exercise of rights, and trade union obligations” (Article 1, point 5).
In a practical context, referring to the field research conducted, especially in the tourism sector, a phenomenon was also found where industrial relations disputes within the tourism context are dominated by disputes over Termination of Employment and Disputes of Rights. This aligns with the conceptual definition of these two types of disputes, which emphasize the non-fulfillment of rights that should be obtained by the employees as regulated in the laws and regulations and the autonomous rules applicable within the company (Employment Agreements, Company Regulations, Collective Labor Agreements) for disputes of rights. Furthermore, there is a rampant condition of termination of employment based on various disputed reasons/grounds, as well as the fulfillment of severance pay and other economic rights following the termination of employment at the company.
This phenomenon is supported by data indicating that, nationally, based on a survey conducted by the Ministry of Manpower of the Republic of Indonesia in 2020 (during the pandemic period), approximately 88% of companies were impacted, resulting in losses to company operations.[12] The tourism sector, with its characteristic high sensitivity to market changes and crises, serves as a clear example of the high number of Termination of Employment (PHK) and Rights disputes. The survey from the Indonesian Ministry of Manpower in the same year, which indicated 88% of companies were impacted by the pandemic, is directly reflected in this sector. Many hotels, restaurants, and travel agencies were compelled to implement efficiency measures, often resulting in mass layoffs. This situation was also evident in subsequent years, consistently showing a trend where PHK disputes remain the most dominant type of dispute in the tourism sector, followed by Rights disputes, which have an overlapping character.
On the other hand, the general labor condition in Indonesia, referencing data reports from the Ministry of Manpower of the Republic of Indonesia, also shows a similar situation, where there were 7,566 industrial relations dispute cases throughout 2024, dominated by Termination of Employment (PHK) disputes as the most frequently reported type, totaling 5,192 cases.[13]
The phenomenon of the high number of disputes is closely related to the need for effective, efficient, and fair industrial relations dispute resolution mechanisms for the parties involved. These disputes must go through the settlement mechanism regulated in the Industrial Relations Dispute Settlement Law (UU PPHI). Its success, therefore, becomes one of the proving grounds for the dispute resolution mechanism set out in the UU PPHI, particularly at the stage of bipartite negotiation, the tripartite mechanism, or through resolution via the Industrial Relations Court. The high number of Termination of Employment (PHK) disputes, reaching 5,192 cases in 2024, proves that the PHK process does not always run smoothly. Even though companies often claim PHK is carried out for efficiency, workers’ rights, such as severance pay, long service award pay, and compensation for rights, are frequently not fulfilled in accordance with the Labor Law and its derivative regulations. Aside from PHK, Disputes of Rights are also a major problem, with 2,033 cases in 2024. These include disputes related to unpaid overtime wages, allowances, or bonuses not provided as stipulated. In the context of tourism, where working hours are often irregular and dependent on seasons, these kinds of disputes are very common.
On the other hand, it was also found that the number of disputes that were submitted to and resolved by the Industrial Relations Court over the past five (5) years is still considered high. This indirectly indicates that there are still various weaknesses in the current non-litigation mechanisms for resolving industrial relations disputes in Indonesia.
The table above shows data on the number of disputes submitted to (up to the point of decision) the Industrial Relations Court in 2020, reaching 1,231 cases,[14] in 2021, it reached 1,114 cases,[15] and in 2022, it experienced a surge, reaching 1,478 cases.[16] Meanwhile, in 2023, 1,255 cases were recorded as resolved at the Industrial Relations Court.[17] Meanwhile, in 2024, a total of 876 cases were recorded.[18] His situation indicates that resolution through non-litigation channels, including mediation, still harbors various issues that make it difficult to maximize its potential as a preliminary dispute resolution mechanism at the company level.
Based on the description above, and concerning the existing characteristics of industrial relations in Indonesia, the analysis of data and field research indicates that Termination of Employment (PHK) Disputes and Rights Disputes are the two types of disputes that currently dominate industrial relations conflict in Indonesia. A similar condition is observed in the tourism sector, which is also predominantly affected by the same types of disputes. The overlapping nature of these two dispute types, combined with the highly dynamic Indonesian labor environment where the regulatory standing of the parties (employees and employers) remains unequal, implies a potential increase in both the quantity and complexity (quality) of disputes, including those in the tourism sector as a continuously growing part of the business world.
2.Institutional Regulation of Industrial Relations Mediation: The Perspective of the UU PPHI
The Industrial Relations Dispute Settlement Law (UU PPHI), as the formal law for industrial dispute resolution, stipulates that if bipartite negotiation fails, one or both parties must register the dispute with the local agency responsible for manpower/labor affairs, attaching proof that attempts at resolution through bipartite negotiation have been made. After receiving the registration from one or both parties, the local labor agency is obligated to offer the parties the option to agree on a resolution through conciliation or arbitration. If the parties fail to make a choice for resolution through conciliation or arbitration within 7 (seven) working days, the labor agency shall delegate the dispute resolution to a mediator, covering all four types of disputes.
The three stages mentioned above are in accordance with the provisions of Article 6, paragraph (1) of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UU ADR)[19], which stipulates that civil disputes or differences of opinion may be resolved by the parties through alternative dispute resolution based on good faith.[20] In the industrial relations dispute settlement system, these stages are known as the tripartite mechanism, involving a third party outside of the disputing parties. This tripartite resol
