PENYELESAIAN TINDAK PIDANA KEALPAAN YANG MENGAKIBATKAN KEMATIAN PADA KECELAKAAN KERJA MELALUI KEADILAN RESTORATIF

ALBARIANSYAH, HAMONANGAN (2023) PENYELESAIAN TINDAK PIDANA KEALPAAN YANG MENGAKIBATKAN KEMATIAN PADA KECELAKAAN KERJA MELALUI KEADILAN RESTORATIF. Doctoral thesis, Sriwijaya University.

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Abstract

At present the settlement of criminal acts of negligence resulting in death in work accidents is considered not optimal in providing legal protection for worker victims and the working community from hazards that arise now and in the future. Even though law enforcement has been carried out against the perpetrators through existing legal settlement mechanisms, the death rate due to work accidents has not decreased significantly. This study is intended to find out how cases of criminal negligence that result in death in work accidents have actually been resolved so far, along with the weaknesses related to legal protection for workers who are victims of them. At its peak, the article also examines how possible the crime of negligence that results in death at work accidents is resolved through restorative justice. In preparing this paper using qualitative methods, using data that is already available relating to research questions, such as theories, concepts, and case decisions. With the support of information from relevant sources, namely the police, civil servant investigators, labor inspectors, courts, trade unions and occupational safety system administrators through interview techniques and discussion groups. The results of the study found that the criminal act of negligence resulting in death in a work accident has a special criminal character, this is what causes the philosophy of work safety law punishment to not be achieved, namely corrective and preventive. Occupational safety law norms only qualify disobedience to the obligations of work safety requirements as a violation, while the consequences of death arising from these violations are not criminal acts of work accidents. Thus it is important to encourage an alternative solution that is more capable of realizing the philosophy of punishment for work safety law, namely a settlement mechanism through restorative justice. Criminal responsibility through restorative justice is carried out by transforming the mistakes of the perpetrators of the work safety system into corrective, reparative and preventive actions so that the dangers and root causes of the occurrence of criminal acts of negligence are eliminated or minimized so that they do not recur in the future. By optimizing the function of DK3N as an institution with added authority to implement a restorative tripartite settlement model as an alternative settlement mechanism. Keywords: Crime, negligence, death, work accid

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	Tindak pidana, kealpaan, kematian, kecelakaan kerja, keadilan restoratif
Subjects:	K Law > K Law (General) > K5015.4-5350 Criminal law
Divisions:	02-Faculty of Law > 74001-Law (S3)
Depositing User:	Hamonangan Albariansyah
Date Deposited:	16 Nov 2023 08:08
Last Modified:	16 Nov 2023 08:08
URI:	http://repository.unsri.ac.id/id/eprint/130598

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