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Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector

By Kadek Agus Sudiarawan, Nyoman Satyayudha Dananjaya, Putu Ade Harriestha Martana, I Kadek Rey Aditya Putra, I Gusti Ayu Adisya Putri Maheswari

Law and World · Vol. 11, No. 36, pp. 21-39 · 2025

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Abstract

The relationship between employers and workers in the context of industrial relations in Indonesia’s tourism sector is often vulnerable to disputes. This sector, as one of the pillars of the national economy, faces complex interests between workers who seek to protect their rights and employers who focus on maximizing profits. With the increasing development of the tourism sector post-pandemic, issues such as layoffs and dissatisfaction with working conditions are becoming more prominent. These disputes have become urgent issues, especially considering the tourism sector’s characteristics that are susceptible to economic fluctuations. The dispute resolution process through bipartite negotiations, as regulated in Law Number 2 of 2004, often encounters deadlocks, necessitating the need for tripartite mechanisms such as mediation as a non-litigation dispute resolution option. The characteristics of industrial relations mediation, although designed to seek solutions impartially, face various obstacles in their implementation, including a lack of skilled human resources and financial support. Through an in-depth study of the applicable regulations, existing mediation practices, and the challenges faced, this research proposes concrete steps to improve the effectiveness of mediation in resolving industrial relations disputes in the tourism sector. The results of this study are expected to contribute to the creation of a harmonious and sustainable industrial climate in Indonesia’s tourism sector.

Details

Publication type
Journal article
Author
Journal
Law and World
Publication
December 30, 2025
Volume
11
Issue
36
Pages
21-39
Language
English
DOI
10.36475/11.4.2
ISSN
2346-7916
Institutions
Udayana University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Arbitration

Keywords

Mediation equity model dispute resolution workers employers tourism sector

Cite this record

Sudiarawan, K. A., Dananjaya, N. S., Martana, P. A. H., Putra, I. K. R. A., & Maheswari, I. G. A. A. P. (2025). Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector. Law and World, 11(36), 21-39. https://doi.org/10.36475/11.4.2
Sudiarawan, Kadek Agus, Nyoman Satyayudha Dananjaya, Putu Ade Harriestha Martana, I Kadek Rey Aditya Putra, and I Gusti Ayu Adisya Putri Maheswari. "Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector." Law and World 11, no. 36 (2025): 21-39. https://doi.org/10.36475/11.4.2.
@article{sudiarawan2025_hkz0a5,
  title     = {Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector},
  author    = {Sudiarawan, Kadek Agus and Dananjaya, Nyoman Satyayudha and Martana, Putu Ade Harriestha and Putra, I Kadek Rey Aditya and Maheswari, I Gusti Ayu Adisya Putri},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {36},
  pages     = {21--39},
  doi       = {10.36475/11.4.2},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/917},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Sudiarawan, Kadek Agus
AU  - Dananjaya, Nyoman Satyayudha
AU  - Martana, Putu Ade Harriestha
AU  - Putra, I Kadek Rey Aditya
AU  - Maheswari, I Gusti Ayu Adisya Putri
TI  - Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 36
SN  - 2346-7916
DO  - 10.36475/11.4.2
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/917
AB  - The relationship between employers and workers in the context of industrial relations in Indonesia’s tourism sector is often vulnerable to disputes. This sector, as one of the pillars of the national economy, faces complex interests between workers who seek to protect their rights and employers who focus on maximizing profits. With the increasing development of the tourism sector post-pandemic, issues such as layoffs and dissatisfaction with working conditions are becoming more prominent. These disputes have become urgent issues, especially considering the tourism sector’s characteristics that are susceptible to economic fluctuations. The dispute resolution process through bipartite negotiations, as regulated in Law Number 2 of 2004, often encounters deadlocks, necessitating the need for tripartite mechanisms such as mediation as a non-litigation dispute resolution option. The characteristics of industrial relations mediation, although designed to seek solutions impartially, face various obstacles in their implementation, including a lack of skilled human resources and financial support. Through an in-depth study of the applicable regulations, existing mediation practices, and the challenges faced, this research proposes concrete steps to improve the effectiveness of mediation in resolving industrial relations disputes in the tourism sector. The results of this study are expected to contribute to the creation of a harmonious and sustainable industrial climate in Indonesia’s tourism sector.
KW  - Mediation equity model
KW  - dispute resolution
KW  - workers
KW  - employers
KW  - tourism sector
KW  - მედიაციის თანასწორობის მოდელი
KW  - დავის გადაწყვეტა
KW  - დასაქმებულები
KW  - დამსაქმებლები
KW  - ტურიზმის სექტორი
SP  - 21
EP  - 39
ER  -
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