ANALISIS SIKAP INDEPENDEN DAN IMPARSIAL HAKIM AD-HOC DALAM MENANGANI PERSELISIHAN HUBUNGAN INDUSTRIAL

Abstract

The Industrial Relations Court was established to adjudicate industrial relations disputes, for this purpose an ad-hoc judge was appointed proposed by the Trade Union/Labor Union and an ad-hoc judge proposed by the Indonesian Employers' Association. The purpose of this study is to find out the factors that can influence ad-hoc judges at the Courts of Industrial Relations (PHI) not being able to act independently and impartially in carrying out their duties and authorities.
The research method used is normative-empirical. This study uses primary data, namely the results of interviews with union officials, the Indonesian Employers' Association and ad-hoc judges at the Industrial Relations Court. Secondary data is in the form of related laws and regulations, expert opinion, research results and legal theory. This study uses a conceptual approach (conceptual approach).
The results of the study, there are several factors that can influence the independent and impartial attitudes of ad-hoc judges at the Courts of Industrial Relations (PHI), namely internal and external factors. The internal factors contained in the ad-hoc judge are: the moral attachment of the ad-hoc judge to the proposing organization, where there is Article 67 paragraph (1) of the PPHI Law which regulates the proposing organization can request an ad-hoc judge to be dismissed from his duties and position. Another factor is the different perspectives of ad-hoc judges when deciding in deliberations of the panel of judges, external factors, namely things outside the ad-hoc judge's self in the form of: the general public considers ad-hoc judges to represent their proponents and placement of ad-hoc judges in the area of ​​origin of the proposer and the confusion of the status and position of ad-hoc judges at the Courts of Industrial Relations (PHI) as part of the judges at the Supreme Court institution.