The Concretization of the Indonesian’s Local Wisdom in the Legal System of Dispute Settlement in Industrial Relation

Iron Sarira, C. Dewi Wulansari and Hudi Asrori

The purpose of the research is to discuss the possibility of the nature of local values of Indonesia (Nilai Lokal ke-Indonesia-an – NKL) in the practice of silih asah, silih asuh, dan silih asih (SA3 – mutual reminding, mutual fostering, and mutual caring) so that it can be used as a legal concept of dispute settlement in industrial relations, and how the ramification process to concretize the NKL SA3 into the positive law of dispute settlement in industrial relations. This research used normative and sociological juridical methods, with qualitative descriptive activities. Data collection is done by inventorying legal materials in the form of applicable and inapplicable legislation, collecting alternative dispute settlement practices, analyzing PPHI decisions in the Supreme Court, studying the legal teachings of legal scholars, analyzing the principles that exist in positive law as a guide in judges' decisions. The analysis was carried out with the Method of Describing and Method of Explaining from Miles & Huberman. In conclusion, the nature of local values of Indonesia in SA3 is a Sundanese cultural system that transforms through the process of cultural and legal ideals for the formation of legal concepts, which is the form of ramification in carrying out the concretization process of NKL SA3 into the positive legal norms of PPHI. This process is for placing the level of values abstraction as a principle of law at the most concrete level. The NKL SA3 philosophy through several scientific approaches can be equated with the principles in the UUPPHI (currently) that are harmonious, dynamic, and fair.

Volume 12 | 08-Special Issue

Pages: 37-44

DOI: 10.5373/JARDCS/V12SP8/20202499