LEGALITY OF NON-ADVOCATE TRADE UNION REPRESENTATIVES RECEIVING POWER OF ATTORNEY TO LITIGATE IN COURT FOR TRADE UNION MEMBERS

Abstract

This research analyzes the legality of non-advocate trade union representatives receiving power of attorney to litigate in the Industrial Relations Court (PHI), focusing on the normative basis provided by legislation. This study stems from the reality that many workers lack the financial ability to access professional advocates, so trade unions play a primary role in representing them in resolving industrial relations disputes. Juridically, the authority of trade unions is based on Law No. 21 of 2000 concerning Trade Unions/Labor Unions, particularly Article 4 paragraph (1) which affirms the function of defending and protecting members, and Article 25 which grants the board the right to represent members in carrying out organizational functions. Furthermore, Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes, through Article 87 paragraph (1), provides formal legitimacy that the parties can be represented by an attorney who holds a power of attorney, which in practice includes trade union officials. The validity of such a power of attorney is also reinforced by the provisions of Article 1792 of the Indonesian Civil Code, which states that the granting of power of attorney is an agreement to perform legal acts on behalf of the principal. The research findings indicate that the authority of trade unions to receive litigation power of attorney is not only legally valid under positive law, but also constitutes a manifestation of constitutional protection as regulated in Article 28D paragraph (1) and Article 28E paragraph (3) of the 1945 Constitution.