Substantive and Procedural Justice Principles in the Implementation of Industrial Court Decisions: Challenges and Solutions
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2024, Vol 7, Issue 11
Abstract
The issues related to the execution of industrial relations court decisions often involve delays in implementing decisions and resistance from employers that can postpone or avoid the execution of decisions. Additionally, discrepancies between court rulings and field implementation frequently occur due to inadequate law enforcement and weak supervision. The research questions in this study are: How do the principles of substantive justice and procedural justice apply to the implementation of industrial relations court decisions? And what are the challenges and solutions in the implementation of industrial relations court decisions? This research is classified as normative legal research. The approach used in this research is the statute approach. Data collection is conducted through literature study, and data analysis is performed descriptively. Substantive justice requires that industrial relations court decisions reflect a fair distribution of rights and obligations, such as compensation and the restoration of rights for workers unfairly dismissed. Procedural justice emphasizes an equitable and transparent decision-making process, which is related to the effective implementation of decisions. Major challenges in implementing decisions include delays, employer resistance, and discrepancies in implementation, while solutions involve strengthening law enforcement, simplifying legal processes, education, socialization, and alternative dispute resolution mechanisms.
Authors and Affiliations
Muhammad Ramdan, Ardina Nur Amalia
Keywords
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- EP ID EP752455
- DOI 10.47191/ijmra/v7-i11-41
- Views 8
- Downloads 0
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