LEGAL ANALYSIS OF LABOR CRIMES REVIEWED FROM LAW NUMBER 1 OF 1970 CONCERNING WORK SAFETY FOR OTHER PEOPLE IN THE WORKPLACE

Abstract

Fulfillment of protection for workers is the responsibility of the government, workers and employers which is then stated in regulations and must be implemented by each company, the government and companies must synergize with each other in order to realize the guarantee of safety and health for workers. However, work safety for other people in the workplace must also be the responsibility of the corporation to guarantee protection for everyone else in the workplace. This study aims to analyze the application of corporate criminal law and legislation in the case of non-implementation of K3 protection for workers/laborers which has not been running optimally, what factors are the criminal responsibility of corporations in the occurrence of labor crimes for others, and a legal analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Work Safety.

Based on this research, it is concluded that pThe application of corporate criminal law and legislation in terms of non-implementation of K3 protection for workers/laborers that has not been running optimally, namely the lack of company awareness of K3 protection for workers/laborers so that there are still many companies that violate the law and do not implement the K3 provisions which can result in work accidents. The factor of corporate criminal responsibility in the occurrence of labor crimes against every other person, namely the corporation as the perpetrator of the crime, corporate administrators, giving orders, controlling holders, beneficial owners of the corporation, differences of interest between the corporation and workers. The legal analysis of labor crimes against every other person in the workplace according to Law No. 1 of 1970 concerning Occupational Safety, namely according to Article 14 letter c of Law No. 1 of 1970 concerning Occupational Safety 4 states that "The administrator is required to mprovide free of charge, all personal protective equipment that is required for workers under their leadership and provide it to every other person who enters the workplace, accompanied by the necessary instructions according to the instructions required according to the instructions of the supervisory employee or work safety expert", therefore the corporation must also be responsible for protecting every other person who is in the company's workplace and the corporation can be found guilty of a criminal offense committed and punished.