IDEAL RECONSTRUCTION OF PROTECTION FOR LAYOFF VICTIM AT THE INDUSTRIAL RELATIONS COURT BASED ON JUSTICE

Abstract

Industrial arbitration formed in general aims to find out a compromise that will win a big consensus. The involvement of the employer and the court in a special relations court continues the belief in the ideology of liberal democracy that there will be values that go beyond and are above the conflicting social groups. The approach method used in this paper was an empirical juridical method. It started by analyzing labor regulations in relation to decisions on layoffs by the Industrial Relations Court. The result of the research found that factors that hinder the provision of protection for laid-off workers based on justice in Industrial Relations Dispute Settlement in Medan City, among others due to: Legal factors, namely the rule of law which regulates industrial relations there are still elements of weakness, among others due to legal norms that have not complete, lead workers/laborers to litigate in the IRC, Civil Procedure law in the IRC, the nature of passive IRC judges, high costs, time problems, disconnection of information on the IRC process.