KEDUDUKAN HUKUM PENETAPAN UPAH DIATAS 1 (SATU) TAHUN SECARA BIPARTIT DITINJAU DARI HUKUM POSITIF KEDUDUKAN HUKUM PENETAPAN UPAH DIATAS 1 (SATU) TAHUN SECARA BIPARTIT DITINJAU DARI HUKUM POSITIF

Wage determination remains a crucial issue in industrial relations in Indonesia, particularly regarding wages for employees who have worked for more than one year. Wage agreements made outside the annual government mechanism are often reached through bipartite negotiations between employers and workers. However, the legal standing of such agreements is not clearly defined under Indonesian positive law. This study analyzes the legal status of bipartite wage agreements lasting more than one year and the legal implications when disputes arise. This research uses a normative juridical method with a statutory, conceptual, and case approach. Primary data are obtained from legislation and court rulings, while secondary data include books, journals, and legal expert opinions. The data were analyzed descriptively and analytically to assess the correlation between legal norms and bipartite practices in wage-setting. The study finds that bipartite wage agreements exceeding one year are legally valid as long as they do not contradict minimum wage regulations and comply with contractual principles. Such agreements are binding under the freedom of contract and Article 1320 of the Indonesian Civil Code. However, in the event of a dispute, bipartite negotiations must be prioritized before escalating to mediation or the Industrial Relations Court. The research emphasizes the importance of legal certainty and government supervision to ensure fair and effective implementation of bipartite wage-setting practices.
Keywords: Wage Determination; Bipartite Negotiation; Labor Law; Legal Certainty; Employment Agreemen