Kepastian Hukum Penyelesaian Perselisihan Hubungan Industrial Tenaga Kerja Asing yang Bekerja di Kedutaan Asing di Indonesia

Abstract

This research focuses on the resolution of industrial relations disputes between Foreign Workers and Foreign Embassies in Indonesia. The complex international legal context, especially concerning diplomatic immunity and state immunity, makes resolving these disputes challenging. The issues involve the effectiveness of Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes and considerations for creating a resolution that provides legal certainty. The problems, firstly, concern the legal principles of the Settlement of Industrial Relations Disputes between Foreign Workers working in Foreign Embassies in Indonesia; Second, the effectiveness of the Settlement of Industrial Relations Disputes based on Law No. 2 of 2004; and third, the ideal Settlement of Industrial Relations Disputes in providing legal certainty between Foreign Workers and Foreign Embassies in Indonesia. In addressing these issues, a juridical-normative research method is employed, which is prescriptive in nature and utilizes approaches such as legislation, concepts, and case comparisons. Secondary data is obtained from primary, secondary, and tertiary legal sources, including court decisions in industrial relations in the United States, England, and Indonesia. Data analysis is conducted qualitatively. With deductive-inductive conclusions drawn from the research, the findings are as follows: First, the settlement of industrial relations disputes between Foreign Workers and Foreign Embassies in Indonesia involves various complex principles of international law. Second, the industrial relations dispute resolution mechanism governed by the Industrial Relations Dispute Settlement Law is ineffective for Foreign Workers employed at Foreign Embassies in Indonesia. This is because, during the execution of decisions, embassies as the respondent party always invoke state immunity as their defense. Third, the ideal industrial relations dispute resolution mechanism between Foreign Workers and Foreign Embassies in Indonesia must consider various aspects to provide legal certainty. One of these aspects is that the Indonesian Government needs to carefully consider enacting the United Nations Convention on Jurisdictional Immunities and Their Properties 2004 (UNCJIS). Additionally, the Indonesian Government can establish bilateral agreements between countries with overlapping jurisdictions to provide legal certainty for Foreign Workers employed at Foreign Embassies in Indonesia. Keywords: Settlement; Industrial; Relations; Foreign Workers.