Electronic Theses and Dissertation

ABSTRACT SINDY ALIFA SAPUTRI, (2026) THE ROLE OF THE ICJ ADVISORY OPINION ON THE RIGHT TO STRIKE UNDER ILO CONVENTION NO. 87 OF 1948: IMPLICATIONS FOR THE HARMONIZATION OF INDONESIAN LABOR LAW Faculty of Law, Universitas Syiah Kuala (vii, 99) pp., abbr., bibl. (M. Ya'kub Aiyub Kadir, S.Ag., LL.M., Ph.D) The right to strike is a key element of labour relations and an expression of freedom of association. Its legal status has long been disputed within the ILO between the Workers’ Group and the Employers’ Group, which led to the 2023 request for an Advisory Opinion by the ILO Governing Body clarify the implicit recognition of the right to strike under Convention No. 87. In Indonesia, despite ratifying Convention No. 87, regulation of the right to strike remains restrictive and highly procedural. This study examines two main issues. First, it analyzes the role of the Advisory Opinion of ICJ in clarifying whether the right to strike is implicitly protected under ILO Convention No. 87. Second, it assesses the implications of such an Advisory Opinion for the harmonization of Indonesian labour law on the right to strike. The research employs a normative legal research method using statutory and conceptual law approaches. The analysis is based on ILO Convention No. 87, the practice of the ILO supervisory bodies, international legal principles, ICJ jurisprudences and Indonesian labour legislation, examined through qualitative legal interpretation. The findings show that although ICJ Advisory Opinions are non-binding, they have strong interpretative and normative influence. Full recognition of an implicit right under Convention No. 87 would strengthen the CFA and CEACR, while denial would weaken the ILO supervisory system. As both extremes are less consistent with ICJ jurisprudence and state practice, the most rational outcome is a middle-ground scenario recognizing the right to strike as an implicit element of freedom of association, subject to proportionate limitations. This study clarifies the normative authority of ICJ Advisory Opinions in shaping international labour law and guides Indonesian legislators, courts, and labour organizations in harmonizing domestic labour law with international standards on the right to strike.