Kewenangan Mediator Pegawai Negeri Sipil Dalam Penyelesaian Perselisihan Hubungan Industrial

Abstract

Authority is a legitimation for every state apparatus activity, include the mediator of industrial dispute resolution. The mediator authority is described in Peraturan Menteri Ketenagakerjaan No.17/ 2014. In this act, described that mediator has an obligation to solve industrial dispute in 30 days. But, in case, the limit of the process is over 30 days. In this research, will be describe is the public emlopyee mediator in indutrisal dispute resolution still have legitimate to do the mediation more than 30 days. The approach that used in this resedarh is conceptual approach dan the statute approach.The result of the research is the mediator authority is a attribution, which authority is born from the statute on the settlement of industrial relations disputes. So that will make the legal impact if its authority is not used based on the rules.The legal impact from this problem are, besides the administrative sanction, also impacted to the legal product, make these legal product, either the judicial act or the collective bargaining agreement illegitimate, which can make the negative impact for every parties in industrial dispute resolution. But, there is a phrase without the illegitimate reason, which need to reinterpreted again and make the mediator whom do their authority more than 30 days is not be able to be sanctioned.