PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI MEDIASI DALAM UPAYA MEMBERIKAN KEADILAN BAGI PEKERJA (Studi di Dinas Tenaga Kerja Kabupaten Malang)

This study examines the implementation of mediation by the Department of Manpower (Disnaker) of Malang Regency in resolving industrial relations disputes. Mediation, as a non-litigation conflict resolution mechanism, aims to realize justice for workers. The research focuses on two main questions: (1) How is the mediation process for resolving industrial relations disputes conducted at the Department of Manpower in Malang Regency? and (2) Does the mediation process at the Department of Manpower in Malang Regency ensure justice for workers?. This study employs a normative-empirical legal method with a qualitative descriptive approach to analyze the application of legal regulations and their correlation with John Rawls' theory of justice, particularly in relation to the protection of workers' rights during industrial mediation. Data were collected through literature review and interviews with parties involved in the mediation process. The findings indicate that, procedurally, the implementation of mediation at the Department of Manpower in Malang Regency generally complies with Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. However, despite adherence to formal procedures, the process does not fully achieve substantive justice for vulnerable workers, as emphasized in Rawlsian principles. The study recommends enhancing mediation practices not only in terms of procedural legality but also by addressing substantive justice aspects, with attention to the socio-economic vulnerability and actual conditions of the parties involved.