Reconstructing Industrial Dispute Resolution Based on Deliberation for Effective, Efficient, and Equitable Dispute Governance

DOI

10.2991/978-2-38476-519-5_41How to use a DOI?

Keywords

Industrial Relation Dispute Resolution; Deliberation; Good Governance

Abstract

Amid global economic uncertainty and labor market shifts, the effectiveness of industrial relations dispute resolution systems is increasingly crucial. In Indonesia, the litigation-based model is often slow, costly, and adversarial, producing win-lose outcomes that erode harmonious relations. This study proposes a reconstruction toward a deliberation-based approach that emphasizes mutual agreement, participatory dialogue, and social harmony, rooted in Indonesia’s cultural tradition of musyawarah (deliberation) yet compatible with modern legal frameworks. Using a qualitative comparative method, the research combined doctrinal legal analysis with a study of Japan, Vietnam, and Sweden. Japan cultivates consensus through Labour Relations Commissions and a cultural aversion to litigation. Vietnam ensures efficiency via Grassroots Conciliation Councils at the company level before escalating cases to mediation or arbitration. Sweden empowers employer and worker associations to resolve disputes collectively, reducing state intervention. Drawing from these models, the study urges Indonesia to move beyond rigid legalism toward a just, efficient, and inclusive system consistent with good governance and the Sustainable Development Goals. It recommends three reforms: institutionalizing Pancasila-based deliberation, strengthening trade unions and employer associations, and building robust company-level dispute resolution mechanisms. Together, these measures can form a culturally rooted, sustainable framework for fair and effective labor conflict resolution.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Farkhan Liandra Bunaiyya
AU  - Adi Sulistiyono
AU  - Asianto Nugroho
PY  - 2025
DA  - 2025/12/29
TI  - Reconstructing Industrial Dispute Resolution Based on Deliberation for Effective, Efficient, and Equitable Dispute Governance
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 513
EP  - 528
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_41
DO  - 10.2991/978-2-38476-519-5_41
ID  - Bunaiyya2025
ER  -