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All Journal Kertha Patrika Jurnal Dinamika Hukum Jurnal Cita Hukum Jurnal Hukum IUS QUIA IUSTUM Sriwijaya Law Review Unram Law Review Jurnal Penelitian Hukum De Jure Nagari Law Review Indonesian Comparative Law Review Walisongo Law Review (Walrev) JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Indonesian Journal of International Law Indonesia Law Review (ILREV)
Topo Santoso
Fakultas Hukum Universitas Indonesia, Jakarta, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Sriwijaya Law Review

 1 
Legal Protection of Work Safety Crimes Victims In Indonesia Hamonangan Albariansyah; Topo Santoso; Eva Achjani Zulfa
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1363.pp24-40

Abstract

Between 2014 and 2018, the Indonesian Ministry of Manpower recorded 89,625 cases of work accidents, and 1,193 of them resulted in death. During this period, 34,075 companies were reported for alleged work safety crimes. From the 2,074 cases, only four have been sentenced to prison. The most interesting issue is that the victims of work safety crimes do not get any kind of restitution or even compensation. This article aims to investigate the legal protection for victims of work safety crimes from the criminal law perspective. The method used is normative qualitative research on primary data, such as work safety legislation, the Criminal Code, and criminal court decisions. As a result, the work safety law stipulates that the purpose of law enforcement on work safety is recovery for victims, repairs and prevention. They are carried out to protect the public interest. Work safety regulations also regulate the qualifications of actions categorized as work safety crimes. Unfortunately, the regulation does not provide a mechanism for resolving work safety crimes. So that the settlement of work safety crimes relies on the general criminal justice system that adheres to retributive objectives in law enforcement. The purpose of law enforcement on work safety cannot be applied because victims do not get restitution or compensation. Thus, to obtain legal protection in accordance with the objectives of law enforcement on work safety, the alternative solution is a criminal policy to establish a special criminal mechanism for the settlement of work safety crimes.
Co-Authors Ahwan Ahwan Elwi Danil Eva Achjani Zulfa Febby Mutiara Nelson Febrian Febrian Firmansyah Firmansyah Hambali Yusuf Hamonangan Albariansyah Hans Giovanny Yosua Mahri Hasan Nani Mulyati Nashriana Nashriana Nasriana Nasriana Nelson, Febby Mutiara Nur Afni NurAfni NurAfni Reni Okpirianti